State v. Bergmann

TERNUS, Justice.

The defendant claims her sentences should be vacated because the prosecutor breached a cooperation agreement between the State and the defendant by recommending a term of incarceration at the sentencing hearing. We conclude that the State violated the cooperation agreement and, therefore, we vacate the defendant’s sentences and remand for resentencing.

I. Background Facts and Proceedings.

The State filed a trial information charging the defendant, Pamela Bergmann, with three counts of delivery of a controlled substance, see Iowa Code §§ 124.401(l)(e)(6), 124.206(4)(b) (1995),…