State v. Bates
| Decision Date | 28 July 2004 |
| Docket Number | No. 03-1950.,03-1950. |
| Citation | 689 N.W.2d 479 |
| Parties | STATE of Iowa, Plaintiff-Appellee, v. Jerry Martin BATES, Defendant-Appellant. |
| Court | Iowa Court of Appeals |
Jesse Macro, Jr., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Thomas Tauber, Assistant Attorney General, Martin Ramsey, County Attorney, for appellee.
Considered by SACKETT, C.J., and HUITINK and MILLER, JJ.
Defendant-appellant Jerry Bates appeals the district court's denial of his motion to dismiss following his guilty plea to lascivious acts with a child in violation of Iowa Code section 709.8 (1999). On appeal defendant argues the district court was in error in denying his motion to dismiss due to the failure of the State of Iowa to comply with the provisions of the Interstate Agreement on Detainers, Iowa Code chapter 821. We affirm.
Defendant was charged in Madison County, Iowa on August 14, 2000 with second-degree sexual abuse. Pending trial on that charge, defendant was arrested in Missouri on an operating while intoxicated (OWI) charge. On July 16, 2001 defendant appeared in Iowa and pled guilty to an amended charge of lascivious acts with a child. Sentencing on this charge was set for September 24, 2001. Four days before the scheduled Iowa sentencing, defendant pled guilty to the OWI charge in Missouri and was immediately sentenced to a four-year prison term. On September 28, 2001 defendant sent an "Inmate's Notice of Place of Imprisonment and Request for Disposition of Indictments[,] Informations or Complaints" to the Madison County Attorney. There was evidence that the State of Iowa initiated extradition proceedings, but that the State of Missouri determined defendant could only be delivered to Iowa for purposes of sentencing via an Executive Agreement rather than through the extradition process. On December 3, 2002 defendant sent Agreement on Detainers Forms II, III, and IV to the Polk County Courthouse requesting final disposition of, among other charges, his conviction for lascivious acts with a child.1 The State contends there is no evidence these forms were delivered to the Madison County prosecutor.
On September 16, 2003 defendant moved to dismiss his conviction for lascivious acts with a child, claiming his speedy trial rights had been violated under the Interstate Agreement on Detainers, Iowa Code chapter 821, because the State had failed to bring him to Iowa for sentencing within 180 days of his September 28, 2001 and December 3, 2002 requests for final disposition.
We review the district court's denial of defendant's motion to dismiss for errors at law. See State v. Widmer-Baum, 653 N.W.2d 351, 354 (Iowa 2002).
Under the plain language of Article III, defendant does not fall within the protections of the Interstate Agreement on Detainers. Defendant, who pled guilty, had already been convicted of the crime at issue and was merely awaiting sentencing. As stated in Article I of section 821.1, the purpose of the Interstate Agreement on Detainers was to address the uncertainties stemming from "untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions...." Defendant was not facing any uncertainty with respect to the merits of the charge against him.
When faced with the question of whether the Interstate Agreement on Detainers applies when a defendant has been convicted of a crime in another jurisdiction but not yet sentenced, the majority of courts have concluded that it does not. See Stephenson v. State, 801 So.2d 34, 37-40 (Ala.Crim.Ct.App.2000); State v. Burkett, 179...
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State v. Brown, A12–1276.
...v. Corsentino, 843 P.2d 1355, 1369–72 (Colo.1993); Bogue v. Fennelly, 705 So.2d 575, 581 (Fla.Dist.Ct.App.1997); State v. Bates, 689 N.W.2d 479, 481 (Iowa Ct.App.2004); Lancaster v. Stubblefield, 985 S.W.2d 854, 857 (Mo.Ct.App.1998); State v. Hill, 875 S.W.2d 278, 283 (Tenn.Crim.App.1993); ......
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State v. Brown, A12-1276
...Corsentino, 843 P.2d 1355, 1369-72 (Colo. 1993); Bogue v. Fennelly, 705 So. 2d 575, 581 (Fla. Dist. Ct. App. 1997); State v. Bates, 689 N.W.2d 479, 481 (Iowa Ct. App. 2004); Lancaster v. Stubblefield, 985 S.W.2d 854, 857 (Mo. Ct. App. 1998); State v. Hill, 875 S.W.2d 278, 283 (Tenn. Crim. A......
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...occurred where "an already convicted prisoner is not returned for sentencing within the time allotted" by the IAD); State v. Bates, 689 N.W. 2d 479, 481 (Iowa App. 2004) ("When faced with the question of whether the Interstate Agreement on Detainers applies when a defendanthas been convicte......
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State v. Brown
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