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IN THE COURT OF APPEALS OF IOWA No. 7-908 / 07-0455 Filed December 12, 2007

STATE OF IOWA, Plaintiff-Appellee, vs. CORY ARDEN HURSEY, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Fayette County, John Bauercamper (plea) and Bruce B. Zager (sentencing), Judges.

Cory Hursey appeals his sentence following his plea of guilty for thirddegree sexual abuse. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, W. Wayne Saur, County Attorney, and Nathan Lein, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Mahan and Zimmer, JJ.

2 ZIMMER, J. Cory Hursey appeals from the judgment and sentence imposed following his plea of guilty to third-degree sexual abuse in violation of Iowa Code section 709.4(2)(c)(4) (2005). He contends his trial counsel was ineffective because he failed to challenge the State's breach of the parties' plea agreement. We affirm the sentence and preserve his claim for possible postconviction relief proceedings. In September 2006 the State charged Hursey with third-degree sexual abuse, a class C forcible felony, in violation of sections 709.1(1)(2), 709.1A, and 709.4. The State alleged that on July 19 or 20, 2006, nineteen-year-old Hursey performed a sex act with an intoxicated fourteen-year-old girl at a house party. Hursey pled not guilty. Subsequently, plea discussions took place, and the

parties agreed that Hursey would be allowed to plead guilty to third-degree sexual abuse as a non-forcible felony in violation of section 709.4(2)(c)(4). See Iowa Code

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