State of Iowa v. Anthony George Brothern

MANSFIELD, Justice.

This case presents the question whether trial counsel’s failure to object to an amendment of the trial information after the close of evidence to add a habitual offender enhancement constitutes ineffective assistance of counsel. We conclude there are circumstances when such an amendment should not be allowed at that stage of the proceedings. We also conclude the record before us is insufficient to resolve the defendant’s ineffective-assistance claim. Accordingly, we affirm the defendant’s conviction and sentence, but vacate the court of appeals decision that rejected his…