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Case No. 19-1509

State of Iowa
v.
Jameesha Renae Allen

The State seeks further review after the court of appeals reversed the defendant’s conviction for assault while using or displaying a dangerous weapon because the State charged a wholly new and different offense on the morning of trial. The State contends the court of appeals erred in holding display of a dangerous weapon was a wholly new and different offense than the alternative of assault causing bodily injury for purposes of amending a trial information.

County:
Polk

Applicant

State of Iowa

Resister

Jameesha Renae Allen

Attorneys for Applicant

Darrel Mullins

Attorneys for Resister

Gary Dickey

Supreme Court

Oral Argument Schedule

15-15-5

Sep 16, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-1509
Date Published:
Oct 22, 2021
Date Amended:
Dec 21, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1509
Date Published:
Jan 21, 2021
Summary

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (11 pages)

            Jameesha Allen appeals her conviction for assault while using or displaying a dangerous weapon, in violation of Iowa Code sections 708.1 and 708.2(3) (2019).  She contends allowing the State to amend the trial information violated Iowa Rule of Criminal Procedure 2.4(8) by charging a “wholly new and different” offense.  She also makes two evidentiary and prosecutorial-misconduct arguments.  OPINION HOLDS: Allen is correct.  The amendment from serious-misdemeanor assault causing bodily injury to aggravated-misdemeanor assault while displaying a dangerous weapon introduced new elements into the prosecution and involved a significant increase in penalty.  The amendment charged a wholly new and different offense, and the court should have disallowed it.  We reverse and do not address the remaining arguments. 

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