Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Burgess

Court of Appeals of Iowa

January 9, 2020

STATE OF IOWA, Plaintiff-Appellee,
v.
NICHOLAS WAYNE BURGESS, Defendant-Appellant.

          Appeal from the Iowa District Court for Lee (South) County, Mark E. Kruse (plea) and Michael J. Schilling (sentencing), Judges.

         Nicholas Burgess appeals from the sentence imposed upon his conviction for delivery of a schedule II controlled substance.

          William Monroe of Law Office of William Monroe, Burlington, for appellant.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

          Considered by Bower, C.J., and May and Greer, JJ.

          BOWER, CHIEF JUDGE.

         Nicholas Burgess appeals from the sentence imposed upon his conviction for delivery of a schedule II controlled substance (morphine), in violation of Iowa Code section 124.401(1)(c)(8) (2017), a class "C" felony, contending the prosecutor breached the plea agreement to recommend a suspended sentence and his defense counsel was ineffective in not objecting.[1] We disagree and therefore affirm.

         On May 14, 2018, Burgess entered a plea of guilty to delivery of morphine. The court's order regarding the guilty plea described the plea agreement:

The defendant will plead guilty to the charge in the Trial Information without the enhancement. At sentencing the State will recommend the defendant receive a suspended sentence and the minimum fine. Defendant agrees to pay restitution to the Lee County Narcotics Task Force in the amount of $50.00.

         At the plea hearing, the court asked Burgess: "Do you understand that any agreements made are not binding on the court and the court alone will decide at a later time what the exact sentence will be?" Burgess responded, "Yes, sir."

         A sentencing hearing was held on August 6. A presentence investigation (PSI) report enumerated Burgess's fifteen-year adult criminal history, his episodic employment history, various incarcerations, and numerous experiences with substance-abuse treatment. The PSI report preparer recommended incarceration.

         The prosecutor made the following statement:

Your Honor, if my memory serves me correctly here, shortly after these charges were filed, I believe Mr. Burgess was sentenced to incarceration on another matter so he remained incarcerated for a significant period of time, I believe, while these charges were pending.
Once he was released from custody, he came into court and entered a guilty plea in this matter. And pursuant to a plea agreement and based on the time he had served, the State agreed at that point in time that at the time of sentencing to recommend ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.