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:
Date Published:
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).
