State v. Thacker
Annotate this CasePursuant to a plea bargain, Defendant pled guilty to harassment in the first degree, an aggravated misdemeanor. The district court imposed a sentence, but the sentencing order did not contain the provisions of the plea bargain. Defendant appealed, claiming (1) the district court erred by not stating adequate reasons on the record for the exercise of its sentencing discretion as required by Iowa R. Crim. P. 2.23(3)(d), and (2) she received ineffective assistance of counsel because she did not knowingly and voluntarily enter into her plea agreement. The Supreme Court vacated the sentence and remanded for resentencing, holding (1) the district court’s sentencing order did not comply with Iowa R. Crim. 2.23(3)(d); and (2) because the record did not allow the Court to determine whether Defendant entered into the plea voluntarily and intelligently, the ineffective-assistance-of-counsel issue could not be addressed on direct appeal. Remanded.
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