STATE v. BRISCO

No. 11-1413.

816 N.W.2d 415 (2012)

STATE of Iowa, Plaintiff-Appellant, v. Francis Mark BRISCO, Defendant-Appellee.

Court of Appeals of Iowa.

April 25, 2012.


Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Sharon K. Hall , Assistant Attorney General, Michael J. Walton , County Attorney, and Kelly G. Cunningham , Assistant County Attorney, for appellant.

Nicholas Sarcone of Stowers Law Firm, West Des Moines, for appellee.

Heard by VAITHESWARAN, P.J., and DOYLE and DANILSON, JJ.


DANILSON, J.

The State appeals from the district court's order granting the defendant's motion to dismiss on speedy indictment grounds. We conclude the proposed amendment to the trial information did not charge a "wholly new and different offense" and thus could be amended under Iowa Rule of Criminal Procedure 2.4(8). We therefore reverse and remand.

I. Background Facts and Proceedings.

The facts are not in dispute. On April 21, 2011, criminal complaints...

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