State v. Brisco

The State appeals from the district court’s order granting the defendant’s motion to dismiss on speedy indictment grounds. We conclude the proposed amendment to the trial information did not charge a “wholly new and different offense” and thus could be amended under Iowa Rule of Criminal Procedure 2.4(8). We therefore reverse and remand.

I. Background Facts and Proceedings.

The facts are not in dispute. On April 21, 2011, criminal complaints were filed *416charging Brisco with two counts of violation of Iowa Code section 124.401(l)(d): count one asserted unlawful delivery of cannabis on January 13,…