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.
Resister
State of Iowa
Applicant
James Paul Vandermark
Attorney for the Resister
Thomas E. Bakke
Attorney for the Applicant
Daniel M. Northfield
Supreme Court
Oral Argument Schedule
Non-Oral
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, 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.