State of Iowa
v.
Zachary David Yost
Appellant
State of Iowa
Appellee
Zachary David Yost
Attorney for the Appellant
Timothy Hau (argued), Assistant Attorney General
Attorney for the Appellee
Drew H. Kouris (argued)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, Judge. REVERSED AND REMANDED. Heard at oral argument by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Sandy, J. (11 pages)
Following a combined pre-trial hearing, the district court granted Zachary Yost’s motion to dismiss one count of continuous sexual abuse of a child in violation of Iowa Code section 709.23 (2021) because it found this count constituted a violation of the ex post facto clauses of the state and federal constitutions. In the same ruling, the district court also denied the State’s motion to amend the trial information because it believed such an amendment violated Yost’s speedy indictment rights. On appeal, the State contends the district court erred by finding that (1) Yost’s charge for continuous sexual abuse of a child amounted to an ex post facto violation; and (2) its proposed amendment violated Yost’s speedy indictment rights. OPINION HOLDS: After our careful review of the record, we find the district court erred in dismissing count one. Instead, the district court should have granted the State’s motion to amend the trial information. The amendment was proper and did not violate Yost’s speedy indictment rights. Additionally, the amendment effectively remedied ex post facto concerns.
