State of Iowa v. Andrew William Schlachter, 2016 Iowa App. LEXIS 723

Andrew Schlachter pled guilty to OWI (second offense) pursuant to a plea agreement in which the State agreed to recommend 180 days in jail with all but 30 days suspended and the statutory minimum fine; related simple misdemeanors were to be dismissed and defendant agreed to pay costs.
At sentencing the prosecutor stated the State's recommendation exactly as in the plea agreement, then recited Schlachter's criminal history (confirmed by defense counsel).
Schlachter and counsel made allocution; the State offered no rebuttal or qualification of its recommendation.
The court imposed a sentence exceeding the plea recommendation (committed Schlachter to prison up to two years) and issued mittimus immediately.
Schlachter appealed, claiming the prosecutor breached the plea agreement by emphasizing his criminal history and counsel was ineffective for failing to object to that alleged breach.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the prosecutor breached the plea agreement by reciting the defendant's criminal history at sentencing	State: No breach; the prosecutor made an unqualified recommendation and properly informed the court of the defendant's record.	Schlachter: Prosecutor's emphasis on prior convictions undermined plea recommendation, breaching the agreement.	No breach. The prosecutor's accurate recital of criminal history did not qualify or undercut the State's unqualified recommendation.
Whether counsel was ineffective for failing to object to the alleged breach	State: Counsel not ineffective because no breach occurred; no merit to object.	Schlachter: Counsel failed an essential duty by not objecting to the prosecutor's alleged breach, entitling him to relief.	Counsel not ineffective. Because there was no breach, failure to object was not ineffective assistance.

State v. Lopez, 872 N.W.2d 159 (Iowa 2015) (ineffective-assistance rule and analysis of plea‑agreement breach at sentencing)
State v. Fannon, 799 N.W.2d 515 (Iowa 2011) (prosecutor statements that undermine plea agreement can require plea withdrawal)
State v. Bearse, 748 N.W.2d 211 (Iowa 2008) (prosecutor suggested alternative recommendation, constituting breach)
State v. Horness, 600 N.W.2d 294 (Iowa 1999) (prosecutor must not inject reservations undermining plea agreement)
United States v. Benchimol, 471 U.S. 453 (U.S. 1985) (prosecutor need not enthusiastically advocate leniency unless agreement requires explanation)
United States v. Cachucha, 484 F.3d 1266 (10th Cir. 2007) (prosecutor must not inject material reservations about promised recommendation)
State v. Frencher, 873 N.W.2d 281 (Iowa Ct. App. 2015) (no breach where prosecutor emphasized negatives but still supported probation)