State v. Dann

Defendant, Samuel Dann, appeals the sentence entered upon his conviction of willful injury. See Iowa Code § 708.4 (1995). Dann objects to the five-year mandatory minimum portion of his sentence, which was imposed pursuant to Iowa Code section 902.7 for using a dangerous weapon while participating in a forcible felony. Dann contends the district court could not impose the mandatory minimum because the State failed to comply with Iowa Rule of Criminal Procedure 6(6) by not alleging in the trial information that he had used a dangerous weapon. We agree with Dann and vacate that portion of his…