from the Iowa District Court for Scott County, Mark D. Cleve,
appeals his conviction for possession of a controlled
substance (methamphetamine) with intent to deliver.
A. Hurd of Glazebrook & Hurd, L.L.P., Des Moines, for
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and Bower, JJ.
Finn appeals his conviction for possession of a controlled
substance (methamphetamine) with intent to deliver. We find
Finn has not shown he received ineffective assistance of
counsel. The evidence does not show the State breached the
terms of the plea agreement and, therefore, defense counsel
did not have an obligation to object. We affirm Finn's
Background Facts & Proceedings
was charged with possession of a controlled substance
(methamphetamine) with intent to deliver, in violation of
Iowa Code section 124.401(1)(c) (2016), a class "C"
felony. He signed a written plea agreement in which he agreed
to plead guilty to the charge and "[t]he State will
recommend supervised probation, recognizing the Court may
grant a deferred judgment." The district court accepted
Finn's guilty plea.
sentencing hearing, held on June 8, 2017, the following
THE COURT: What is the State's recommendation?
PROSECUTOR: Your Honor, the State recommends that the Court
sentence Mr. Finn to 10 years of incarceration at the
Department of Corrections; that that sentence be suspended;
that he be placed on 3 years of probation; that his
driver's license be suspended for 180 days; that he
provide a DNA sample; and the State has no objection to the
Court declining to impose any minimum under 124.413.
THE COURT: In other words, deferring that ...