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Case No. 19-2112

State of Iowa
v.
James Paul Vandermark

James Vandermark appeals from his conviction for willful injury, with habitual offender enhancement, and the sentences in all three cases numbers. He argues the trial court erred in allowing the State to amend the trial information from assault causing bodily injury to willful injury, with habitual offender enhancement, only one week before trial.

County:
Polk

Resister

State of Iowa

Applicant

James Paul Vandermark

Attorneys for Resister

Thomas E. Bakke

Attorneys for Applicant

Daniel M. Northfield

Supreme Court

Oral Argument Schedule

Non-Oral

Sep 16, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-2112
Date Published:
Oct 22, 2021
Date Amended:
Dec 20, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2112
Date Published:
Jan 21, 2021
Summary

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (11 pages)

            James Vandermark appeals the denial of his motion for a new trial relating to a willful-injury charge the combined sentences imposed for three separately charged offenses.  OPINION HOLDS: The district court did not err in allowing an amendment to the trial information or abuse its discretion in denying a motion to continue.  The jury’s verdict is supported by substantial evidence.  The court was within its discretion in imposing the combined sentences.  We affirm.

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