State v. Brisco, 816 N.W.2d 415

Brisco was arrested April 21, 2011 on two marijuana-delivery complaints under Iowa Code 124.401(1)(d).
June 2, 2011 an information charged two counts of delivering cocaine (labeled as Schedule II) under 124.401(l)(c)(3).
Minutes and police reports referenced marijuana deliveries, not cocaine.
June 17, 2011 the State obtained an ex parte order to amend the trial information to reflect marijuana deliveries and filed a substituted information.
The amended information charged marijuana deliveries on January 13, 2011 and March 1, 2011, with different statutory subsections and penalties.
Brisco moved to dismiss on speedy indictment grounds; the district court granted dismissal, and the State appealed seeking reversal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the amendment charged a wholly new offense	Brisco: amendment creates new offense	State: amendments correct form; same offense	No; not a wholly new offense
Whether misidentification of substance rendered the amendment a new offense	Brisco: misidentification violates form	State: minor form error; minutes clarify substance	No; misidentification is a form defect, not a new offense
Timeliness under speedy indictment rule 2.33(2)	Brisco: 45-day clock ran; dismissal proper	State: 2.4(8) allows amendment within limits	Amendment timely; reversal and remand for further proceedings

State v. Maghee, 573 N.W.2d 1 (Iowa 1997) (two-part test for amendments: no substantial rights prejudiced, no wholly new offense)
State v. Abrahamson, 746 N.W.2d 270 (Iowa 2008) (defines 124.401(1) as one offense with multiple means; alternatives not separate crimes for speedy indictment)
Dalton v. State, 674 N.W.2d 111 (Iowa 2004) (indictment need not specify exact paragraph; focus on informing defendant of charge)
State v. Lies, 566 N.W.2d 507 (Iowa 1997) (standard of review for speedy indictment issues)
State v. Utter, 803 N.W.2d 647 (Iowa 2011) (two offenses same if same substance/nature; guidance on offense vs. alternative forms)