State of Iowa v. Richard Warren Fannon

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 Background.

The State charged by trial information the defendant, Richard Fannon, with two counts of sexual abuse in the second degree…