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State v. Finn

Court of Appeals of Iowa

June 6, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
CHAD P. FINN, Defendant-Appellant.

          Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.

         Defendant appeals his conviction for possession of a controlled substance (methamphetamine) with intent to deliver.

          Thomas A. Hurd of Glazebrook & Hurd, L.L.P., Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Doyle and Bower, JJ.

          BOWER, Judge.

         Chad 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 conviction.

         I. Background Facts & Proceedings

         Finn 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.

         At the sentencing hearing, held on June 8, 2017, the following exchange occurred:

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 ...

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