STATE v. HORNESS

No. 98-981.

600 N.W.2d 294 (1999)

STATE of Iowa, Appellee, v. Robert HORNESS, Appellant.

Supreme Court of Iowa.

September 9, 1999.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Shellie L. Knipfer, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Roxann M. Ryan, Assistant Attorney General, and Rick Dunn, County Attorney, for appellee.

Considered by LARSON, P.J., and CARTER, TERNUS, CADY, and HARRIS, JJ.


TERNUS, Justice.

This case requires the court to decide the extent of the obligation assumed by the State when the prosecutor promises to make a certain sentencing recommendation as part of a plea agreement with the defendant. We hold that mere technical compliance is inadequate; the State must comply with the spirit of the agreement as well. Consequently, we vacate the contrary decision of the court of appeals, vacate the defendant's sentences, and remand for resentencing...

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