Thursday, March 17, 2011

It's Too Late Baby, Yeah, It's Too Late

State v. Bruce, no. 09-0239 (Iowa March 11, 2011)

Bruce was charged with two counts of delivering meth to a minor and one count of sex abuse third. At trial in Blackhawk County, the jury found Bruce guilty of the lesser included offenses of delivery of methamphetamine.

The net result was that instead of looking at a potential prison term of 208 years, Bruce was looking at a 30 year term that might get him out in 3 years more or less.

Ten days after judgment was rendered, the state amended the trial information to allege habitual offender status and sought to have him sentenced as such. Bruce resisted the amendment but was unsuccessful and was sentenced as an habitual offender.

To the Supreme Court, tha matter was a relatively uncomplicated one, a trial does not include events that happen after a verdict is rendered.

The teaching's clear. There are not going to be any do-overs.


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