State of Iowa
v.
James Earl Calvin Jr.
Appellee
State of Iowa
Appellant
James Earl Calvin Jr.
Attorney for the Appellee
Katherine Wenman (argued), Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye (argued), Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Washington County, Crystal S. Cronk and Shawn Showers, Judges. DISTRICT COURT JUDGMENT CONDITIONALLY AFFIRMED; REMANDED WITH INSTRUCTIONS. Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ. Per Curiam. Concurrence in part and dissent in part by Sandy, J. (9 pages)
James Calvin Jr. appeals from his convictions, judgment, and sentences for possession of methamphetamine, failure to affix a drug tax stamp, and operating while intoxicated. Calvin asserts the district court should have dismissed his case on speedy trial grounds, the district court applied the wrong standard when assessing his motion for new trial, and the court imposed the fines in effect at the time of sentencing rather than those in effect at the time of the offense. OPINION HOLDS: Since Calvin waived his right to a speedy trial we affirm the district court’s ruling on Calvin’s motion to dismiss. But we remand to the district court for entry of a ruling on Calvin’s motion for new trial applying the proper weight-of-the-evidence standard. And conditioned on that ruling on the motion for new trial, we also remand for resentencing consistent with this opinion. PARTIAL DISSENT ASSERTS: Because Calvin failed to bring the district court’s application of the incorrect standard to the district court’s attention, I would hold that error is not preserved for our review on that issue.
