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Case No. 18-1260

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Brandon D. Ruiz

Appellee

State of Iowa

Appellant

Brandon D. Ruiz

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1260
Date Published:
Aug 07, 2019
Summary

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows and Tom Reidel, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.   Opinion by Potterfield, P.J. (5 pages)

           

            Brandon Ruiz appeals from his conviction of sexual abuse in the second degree following a trial to the bench.  Ruiz maintains the district court erred by allowing the State to amend the trial information to add wholly new or different charges after the speedy-indictment deadline had passed.  OPINION HOLDS: The court’s decision to allow the State to amend the trial information to include six more counts than the initial trial information was in error, but the error was harmless since Ruiz was convicted of just one count—as he was initially charged.  We affirm.

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