State of Iowa
v.
Cynthia Kobusch, Michael Kobusch, and Jeffrey Merfeld
Appellant
State of Iowa
Appellee
Cynthia Kobusch, Michael Kobusch, and Jeffrey Merfeld
Attorney for the Appellant
Louis S. Sloven, Assistant Attorney General
Attorneys for the Appellee
Natalie H. Blaskovich, Todd N. Klapatauskas, and Samuel A. Wooden
Natalie H. Cronk
Jeffrey E. Hiatt
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, John J. Bauercamper, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (5 pages)
On discretionary review, the State challenges the district court’s denial of its motions to dismiss criminal prosecutions in the furtherance of justice. OPINION HOLDS: The order denying the motion to dismiss provides no reasons why the court refused to grant the dismissal or why dismissal would not have been in the furtherance of justice. In the absence of stated reasons, we find the district court abused its discretion when it denied the State’s motion for dismissal. We further find the record made demonstrated sound reasoning and a proper exercise of prosecutorial discretion and executive branch function. We reverse and remand for the court to enter an order granting the motion to dismiss, without prejudice.
