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Case No. 21-1182

State of Iowa
v.
Paul Lee Cruz

Appellee

State of Iowa

Appellant

Paul Lee Cruz

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Audra F. Saunders

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1182
Date Published:
Sep 13, 2023
Summary

            Appeal from the Iowa District Court for Scott County, Christine Dalton and Cheryl Traum, District Associate Judges. AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Buller, J., takes no part. Opinion by Bower, C.J.  Dissent by Tabor, J.  (11 pages)

            Paul Lee Cruz appeals his conviction for domestic abuse assault causing injury or mental illness, first offense, in violation of Iowa Code section 708.2A(2)(b) (2021).  Cruz asserts the district court erred in finding good cause to delay the trial past the speedy trial limit.  He also claims there is insufficient evidence to sustain the conviction.  OPINION HOLDS: Finding no abuse of discretion and that substantial evidence supports the conviction, we affirm.  DISSENT ASSERTS: I respectfully dissent from the majority as the State did not show good cause for the delay of Cruz’s bench trial. I disagree that the State can use a waiver as an excuse for not bringing Cruz to trial before a speedy deadline because the prosecutor consented to the jury waiver under Iowa Rule of Criminal Procedure 2.17(1).

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