State of Iowa v. Dennis Brown Jr., 16-2051

Dennis Brown Jr. pleaded guilty to one count of domestic abuse assault (strangulation) under a plea agreement: State would dismiss two counts and would not resist Brown’s request for a deferred judgment.
At sentencing the prosecutor asked the court to take judicial notice of a prior deferred-judgment/false-imprisonment matter involving a different victim.
The district court asked whether the State had agreed not to resist a deferred judgment; the prosecutor confirmed the written plea form reflected that agreement.
The district court denied Brown’s request for a deferred judgment and sentenced him to 92 days with all but two days suspended.
Brown appealed, arguing the prosecutor breached the plea agreement by mentioning the prior deferred judgment and thereby depriving him of the benefit of the bargain.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Brown)	Held
Whether the prosecutor breached the plea agreement by mentioning a prior deferred judgment and asking the court to take judicial notice	The prosecutor merely informed the court of Brown’s criminal history (a permissible sentencing consideration) and, when asked, affirmed the State would not resist a deferred judgment; no breach occurred.	The prosecutor undermined the agreement by bringing up the prior false-imprisonment deferred judgment (right after a victim impact statement), signaling opposition to a deferred judgment and breaching the plea.	Majority: No breach. The prosecutor’s recitation of criminal history and confirmation of non-resistance did not deprive Brown of the plea’s benefit. Dissent: Prosecutor’s initial remarks violated the spirit of the agreement and warranted vacatur and resentencing.
Whether Brown is entitled to vacatur/resentencing because of any breach	State: No. No material reservation or conduct deprived Brown of the bargain, so no remedy required.	Brown: Yes; breach warrants vacating the conviction and allowing a new plea or resentencing before a different judge.	Held: Majority affirmed conviction and sentence; denied vacatur. Dissent would vacate and remand for resentencing.

State v. King, 576 N.W.2d 369 (Iowa 1998) (standard of appellate review for legal error)
State v. Horness, 600 N.W.2d 294 (Iowa 1999) (prosecutor must comply with letter and spirit of plea agreements)
State v. Frencher, 873 N.W.2d 281 (Iowa Ct. App. 2015) (evaluating whether prosecutor’s statements expressed a material reservation undermining a plea)
State v. Bearse, 748 N.W.2d 211 (Iowa 2008) (prosecutor’s inadvertence does not excuse noncompliance; high standard for promise and performance)
State v. Fannon, 799 N.W.2d 515 (Iowa 2011) (prosecutor’s initial breach at sentencing not cured by attempted correction; remedy required)
State v. Lopez, 872 N.W.2d 159 (Iowa 2015) (context can show prosecutor intended to convince court to reject plea recommendation)