STATE v. BROTHERN

No. 10-0319.

832 N.W.2d 187 (2013)

STATE of Iowa, Appellee, v. Anthony George BROTHERN, Appellant.

Supreme Court of Iowa.

June 7, 2013.


Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Shellie L. Knipfer , Assistant Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Bridget A. Chambers , Assistant Attorney General, Thomas J. Ferguson , County Attorney, and Michelle M. Wagner , Assistant County Attorney, for appellee.


MANSFIELD, Justice.

This case presents the question whether trial counsel's failure to object to an amendment of the trial information after the close of evidence to add a habitual offender enhancement constitutes ineffective assistance of counsel. We conclude there are circumstances when such an amendment should not be allowed at that stage of the proceedings. We also conclude the record before us is insufficient to resolve the defendant's ineffective-assistance...

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