October 26, 2007
A criminal defendant pleaded guilty to an offense with an agreement that the prosecutor would recommend a sentence of imprisonment with all but 30 days suspended, and credit on the 30 days if the defendant was sucessful in a rehabiliation program. At the sentencing, which took place before a different judge, the prosecutor advised the court that the defendant had not completed the program and asked the court to impose a sentence of imprisonment for five years. Defense counsel did not object.
The Iowa Supreme Court held that defense counsel rendered ineffective assistance of counsel in failing to object and require the state to honor its promise. The case was remanded for resentencing. (Mike Frisch)
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