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Case No. 20-1648

State of Iowa
v.
Chad Albert Godfrey

Appellee

State of Iowa

Appellant

Chad Albert Godfrey

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1648
Date Published:
Nov 03, 2021
Summary

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (7 pages)

            Chad Godfrey appeals from the district court’s denial of his motion to sever his assault-with-a-dangerous-weapon charge from his charges of possession of a firearm or offensive weapon by a domestic violence offender.  The motion to sever was untimely, and the district court determined good cause did not justify the delay.  Godfrey asserts good cause could be found in his late receipt of exhibits from the State and the COVID-19 pandemic.  OPINION HOLDS: Good cause did not exist for missed deadline to file a motion to sever.  The pandemic had not yet effected court services in Iowa by the time the motion should have been filed.  Further, the issue of when exhibits were received was not preserved for appeal and waived in the brief as no legal authority was provided.  We affirm the denial. 

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