State v. Carrillo

Defendant, Cesar Carrillo, appeals the sentences entered following his guilty pleas to two counts of possession of a controlled substance (methamphetamine; marijuana) with intent to deliver. See Iowa Code §§ 124.401(l)(b)(7), 124.401(l)(d) (1997). Carrillo complains his counsel was ineffective by not objecting at sentencing when, contrary to the parties’ plea agreement, the prosecutor recommended that Carrillo serve a sentence of incarceration. We agree with Carrillo, vacate his sentence, and remand for resen-tencing.

Carrillo was charged by trial information with the two drug offenses and…