State of Iowa v. Christopher Joseph Hidlebaugh

Defendant pleaded guilty to a sex offender registry violation (second offense) as an habitual offender pursuant to a plea agreement. Under the agreement, the parties would jointly recommend a suspended sentence and probation if defendant provided proof he had purchased a home by the time of sentencing, and would jointly recommend imprisonment if he had not done so. Defendant did not purchase a home by the sentencing date and the district court sentenced defendant to prison in accordance with the parties’ recommendation. Defendant appealed, contending the court abused its discretion in denying him a suspended sentence based on his failure to purchase a home. The court of appeals dismissed the appeal for lack of jurisdiction, finding defendant had failed to establish good cause for the appeal. Defendant seeks further review.

Holding: Defendant seeks further review of the court of appeals decision affirming his sentence. Decision of Court of Appeals Vacated; Sentence Vacated and Case Remanded for Resentencing.