State v. Berney

WOLLE, Justice.

Defendant appeals from his conviction and sentence for burglary in the second degree in violation of Iowa Code section 713.5 (1983). He contends that the trial court erred in four respects: (1) in failing to find. as a matter of law that a key prosecution witness was an accomplice; (2) in finding that sufficient evidence corroborated the testimony of the alleged accomplice; (3) in allowing the State belatedly to amend the trial information to allege that defendant was an habitual offender; and (4) in failing to consider all available sentencing options. Three different trial…