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Case No. 20-0869

State of Iowa
v.
Mitchell Alan Khan

Appellee

State of Iowa

Appellant

Mitchell Alan Khan

Attorney for the Appellee

Bridget A. Chambers, Assistant Attorney General

Attorney for the Appellant

Scott A. Michels

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0869
Date Published:
Aug 18, 2021
Summary

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  Dissent by Greer, J.  (9 pages)

Mitchell Khan challenges the denial of his motion to dismiss the charge of operating while intoxicated.  OPINION HOLDS: Iowa Rule of Criminal Procedure 2.33(2)(a) generally permits the State forty-five days to file a trial information.  The forty-five days began when Khan was arrested in the manner required by Iowa Code sections 804.5 and 804.14(1) (2019).  Because the trial information was not filed within those forty-five days, it was untimely.  DISSENT ASSERTS: Because I believe the trial court followed the guidance of State v. Williams, 895 N.W.2d 856 (Iowa 2017), in determining the filing of the written appearance on December 2, 2019, triggered the speedy indictment rule, I must dissent from the majority opinion.

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