from the Iowa District Court for Scott County, Joel W.
Barrows (motion to amend trial information) and Tom Reidel
defendant appeals from his conviction of sexual abuse in the
second degree. AFFIRMED.
C. Smith, State Appellate Defender, (until withdrawal), and
Theresa R. Wilson, Assistant Appellate Defender, for
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Doyle and May, JJ.
POTTERFIELD, PRESIDING JUDGE.
Ruiz appeals from his conviction of sexual abuse in the
second degree following a trial to the bench. Ruiz maintains
the district court erred by allowing the State to amend the
trial information to add wholly new or different charges
after the speedy-indictment deadline had passed.
on the filing of a criminal complaint alleging Ruiz had
sexually abused A.R., a four-year-old child, Ruiz was
arrested on October 15, 2016.
information was filed on November 15, alleging that "on
or about the 20th day of September, 2015,  . . . [Ruiz] did
commit sexual abuse upon A.R., a child under the age of
twelve in violation of Section 709.3(1)(b) of the Code of
on March 29, 2017, the State filed a motion to amend the
trial information to charge seven counts of second-degree
sexual abuse "to reflect that different acts of sex
abuse are alleged to have occurred over time." All seven
of the proposed new counts were alleged to have occurred
between November 2015 and September 2016. None of the
proposed new counts appear to correlate to the date in the
original trial information. The seven counts in the amended
trial information allege specific sex acts, unlike the
original trial information that alleged sexual abuse,
although each is based on an alleged violation of Iowa Code
section 709.3(1)(b). The State relied on the original minutes
of testimony provided with the original trial information.
hearing on the motion to amend took place on April 12. On
April 26, at a second hearing, the court granted the
State's motion, and the trial information was amended so
as to include seven different counts of sexual abuse in the
second degree. Additionally, the court granted Ruiz's
motion to continue trial.
trial to the bench took place almost one year later-on April
23, 2018. The court convicted Ruiz of one of the seven counts
of sexual abuse in the second degree, concluding the State
proved one instance of sexual contact between Ruiz's
genitalia and A.R.'s mouth as alleged in count V of the
amended trial information. Ruiz was acquitted of the six
other charges. He was later sentenced to a term of
incarceration not to exceed twenty-five years.
Rule of Criminal Procedure 2.4(8)(a) provides:
The court may, on motion of the state, either before or
during the trial, order the indictment amended so as to
correct errors or omissions in matters of form or substance.
Amendment is not allowed if substantial rights of the
defendant are prejudiced by the ...