STATE OF IOWA, Plaintiff-Appellee, vs. DOUGLAS WAYNE NOBLE, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-711 / 07-0317
Filed November 15, 2007
STATE OF IOWA,
Plaintiff-Appellee,
vs.
DOUGLAS WAYNE NOBLE,
Defendant-Appellant.
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Appeal from the Iowa District Court for Henry County, Cynthia H.
Danielson, Judge.
Defendant appeals his sentence after he pled guilty to manufacture of
methamphetamine. SENTENCE VACATED; REMANDED FOR
RESENTENCING.
Mark C. Smith, State Appellate Defender, and James G. Tomka, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Jean Pettinger, Assistant Attorney
General, and Darin Stater, County Attorney.
Considered by Huitink, P.J., and Vogel and Baker, JJ.
2
VOGEL, J.
Douglas Noble appeals his sentence imposed for manufacture of
methamphetamine.
Noble asserts an ineffective-assistance-of-counsel claim,
alleging that the State failed to follow the plea agreement and his counsel failed
to object. In accord with State v. Cooper, ___N.W.2d ___ (Iowa 2007), we find
counsel was ineffective in failing to object when it appeared the State did not
follow the plea agreement at the sentencing hearing. We therefore vacate the
sentence, and remand for resentencing.
SENTENCE VACATED; REMANDED FOR RESENTENCING.
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