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State of Iowa
v.
Mitchell Alan Khan
Appellee
State of Iowa
Appellant
Mitchell Alan Khan
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Scott A. Michels
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge. REVERSED AND REMANDED. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by May, P.J. Dissent by Greer, J. (9 pages)
Mitchell Khan challenges the denial of his motion to dismiss the charge of operating while intoxicated. OPINION HOLDS: Iowa Rule of Criminal Procedure 2.33(2)(a) generally permits the State forty-five days to file a trial information. The forty-five days began when Khan was arrested in the manner required by Iowa Code sections 804.5 and 804.14(1) (2019). Because the trial information was not filed within those forty-five days, it was untimely. DISSENT ASSERTS: Because I believe the trial court followed the guidance of State v. Williams, 895 N.W.2d 856 (Iowa 2017), in determining the filing of the written appearance on December 2, 2019, triggered the speedy indictment rule, I must dissent from the majority opinion.
