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STATE v. FANNON

No. 09-1492.

799 N.W.2d 515 (2011)

STATE of Iowa, Appellee, v. Richard Warren FANNON, Appellant.

Supreme Court of Iowa.

May 20, 2011.

Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Robert P. Ranschau , Assistant Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Elisabeth S. Reynoldson , Assistant Attorney General, Harold L. Denton , County Attorney, and Gerald A. Vander Sanden and Jennifer P. Clinton , Assistant County Attorneys, for appellee.

APPEL, Justice.

In this case, we consider whether a criminal defendant receives ineffective assistance of counsel when the defendant's attorney fails to object after the State allegedly breaches its plea agreement with the defendant during the sentencing hearing. For the reasons expressed below, we answer in the affirmative. As a result, we vacate the defendant's sentences and remand the case for resentencing before a different judge.

I. Factual and Procedural...

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