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.
Applicant
State of Iowa
Resister
Jameesha Renae Allen
Attorney for the Applicant
Darrel Mullins
Attorney for the Resister
Gary Dickey
Supreme Court
Oral Argument Schedule
15-15-5
Sep 16, 2021 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.