State of Iowa
v.
Jane Doe
Appellee
State of Iowa
Appellant
Jane Doe
Attorney for the Appellee
Katie Krickbaum, Assistant Attorney General
Attorney for the Appellant
Adrienne Loutsch
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Terry Rickers, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Schumacher, J. (16 pages)
Jane Doe pseudonymously appeals from the denial of her motion to expunge a criminal case from 2011, which held two forgery charges. The case was one of three different case numbers holding forgery charges that arose in 2010. The State sought to consolidate the three cases into a single case number, and the court granted that motion, amending the trial information in a case holding four charges to reflect a total of seven charges. OPINION HOLDS: Interpreting Iowa Code section 901C.2(1)(a)(1) (2019) in light of our supreme court’s decision 2017 doing the same, we hold that the “transfer” of Doe’s charges from the instant case to the transferee case resulted in those charges being “otherwise dismissed” from the instant case. Therefore, we reverse the district court’s order holding a lack of formal dismissal in the instant case precluded the application of section 901C.2(1)(a)(1), and we remand with instructions to grant Doe’s motion.
