State v. Allen
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The Supreme Court vacated Defendant's conviction of assault while using or displaying a dangerous weapon, holding that the district court erred in allowing the State to amend the trial information on the day of trial.
The State filed a trial information charging Defendant with assault causing bodily injury. On the first day of trial, the State moved to amend the charge of assault causing bodily injury to assault while using or displaying a dangerous weapon. The district court allowed the amendment, and a jury found Defendant guilty of the amended charge. The Supreme Court reversed, holding that the amended trial information charged a wholly new and different offense within the meaning of Iowa R. Crim. P. 2.4(8)(a), and the district court erred in allowing the amendment.
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