State v. Schmitt, 63221

Citation290 N.W.2d 24
Decision Date19 March 1980
Docket NumberNo. 63221,63221
PartiesSTATE of Iowa, Appellee, v. Dean E. SCHMITT, Appellant.
CourtUnited States State Supreme Court of Iowa

Timothy J. Gallagher of Cody, Roth & Gallagher, P. C., Dubuque, for appellant.

Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen., Robert Curnan, Dubuque County Atty., James G. Schilling and Arthur F. Gilloon, Asst. Dubuque County Attys., for appellee.

Considered by LeGRAND, P. J., and REES, UHLENHOPP, ALLBEE and LARSON, JJ.

ALLBEE, Justice.

Defendant Dean E. Schmitt appeals from his conviction of the crime of escape from custody, a violation of section 719.4(1), Supplement to the Code 1977. The sole error assigned by defendant is trial court's denial of his motion to dismiss for the State's failure to file a speedy information. As cross-appellant, the State seeks discretionary review of the sentencing order, which imposed a concurrent rather than consecutive sentence. We reverse defendant's conviction and decline review of the sentencing order because the State's issue is rendered moot by our resolution of defendant's appeal.

Defendant's motion was principally based upon Iowa R.Crim.P. 27(2)(a), which provides:

When a person is arrested for the commission of a public offense and an indictment is not found against him within forty-five days, the court must order the prosecution to be dismissed, unless good cause to the contrary is shown or the defendant waives his right thereto.

Defendant was charged by a trial information, 1 which was filed by the Assistant Dubuque County Attorney in the district court on January 30, 1979. Defendant claims he was "arrested," within the meaning of rule 27(2)(a), on October 18, 1978, thus more than forty-five days before he was formally charged. The State, on the other hand, argues that defendant was merely recaptured into custody on October 18, 1978. Accordingly, in its view, no event occurred from which the statutory forty-five day period could begin to run, and the State was free to file its information any time within the statute of limitations for the crime. 2

The facts concerning the events of October 18 are not controverted. On that date defendant was in the custody of the Dubuque County Sheriff at the Dubuque Law Enforcement Center awaiting trial on charges of burglary and possession of burglar's tools. Early that afternoon he escaped and fled on foot. John C. Galle, a police officer for the city of Dubuque, testified at the pretrial hearing on defendant's motion to dismiss that while engaged in his routine duties that afternoon he received a radio dispatch that a search was under way for Dean Schmitt. Officer Galle joined the search and soon learned from another officer that Schmitt had escaped from jail. Later that afternoon, Officer Galle found defendant sitting under a group of trees next to a flood wall beside the Mississippi River in Dubuque. As the first searcher to come upon him, Officer Galle drew his service revolver, ordered defendant not to move and called for the assistance of a nearby deputy sheriff. Within a minute, the deputy arrived and drew his revolver. Officer Galle then told defendant to roll over and "stay put" while he handcuffed defendant. The two officers then escorted defendant to a police patrol car, which carried defendant back to the Law Enforcement Center.

To learn the meaning of "arrest" as used in Iowa R.Crim.P. 27(2)(a), we first look to the definition of arrest provided in section 804.5, Supplement to the Code 1977: "Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or his or her submission to custody." The manner of making an arrest is prescribed in section 804.14, Supplement to the Code 1977.

The person making the arrest must inform the person to be arrested of the intention to arrest him or her, the reason for arrest, and that he or she is a peace officer, if such be the case, and require him or her to submit to the person's custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so; . . . .

These provisions, the rule and the two statutory sections, were enacted together, see 1976 Session, 66th G.A., ch. 1245(2), §§ 405, 1301, as part of the Iowa Criminal Code which became effective January 1, 1978. It is a well-settled rule of statutory construction that statutes relating to the same subject matter shall be construed together, particularly if the statutes were passed in the same legislative session. Manilla Community School District v. Halverson, 251 Iowa 496, 503, 101 N.W.2d 705, 709 (1960). Therefore, we define "arrest" in rule 27(2)(a) to be the same as the definition provided in section 804.5, as explained in section 804.14. See State v. Thomas, 275 N.W.2d 422, 423 (Iowa 1979) (the legislature is its own lexicographer).

Applying that definition to the facts here, we conclude that defendant is correct in asserting that the events precipitated by Officer Galle's discovery and apprehension of him on October 18 constituted an arrest. Defendant submitted to custody at gunpoint and was restrained by handcuffs. See § 804.5. Officer Galle had been previously informed that defendant had escaped from jail; thus Galle acted in the belief that he was arresting a person actually engaged in the commission of a criminal offense: escape from custody. Under this exigency, he was not obliged to inform defendant of an intention to arrest him, the reason for the arrest and that he (Galle) was a peace officer. See § 804.14. The actions taken and result achieved fulfill the statutory criteria of an arrest. The lack of follow-up of booking or charges does not eradicate the event or nullify it as an arrest.

In its argument, the State largely relies upon two cases. The first case discussed in the State's brief is State v. Mason, 203 N.W.2d 292, 294 (Iowa 1972). In Mason, the defendant, while incarcerated on one charge, was informed against by the county attorney for another offense, unrelated to the one for which he was in jail. More than thirty days had elapsed between the commission of the later charged offense and the filing of the information. This court held that a dismissal was "not mandated where the public offense for which a defendant is held to answer is unrelated to the one on which the allegedly late indictment or information is subsequently filed." Id. (Emphasis added.) 3

Mason is of no aid to the State because it is factually distinguishable. In Mason there was no specific date when it could be said he was arrested for the offense later charged, as there was in this case.

The other case relied upon by the State in support of its position is State v. Satterfield, 257 Iowa 1193, 136 N.W.2d 257 (1965). Satterfield had been sentenced to imprisonment upon a forgery conviction. After serving some time he was paroled, but under the terms of that parole he was restricted to Polk County. He subsequently was found in Missouri in violation of his parole, taken into custody and thereafter returned to the Iowa penitentiary. Approximately five months later he was charged with escape in violation of sections 745.1 and 745.3 of the Code of 1962. Section 745.3 provided that a paroled person who left the territory within which he was restricted to stay by the terms of his parole would be deemed to have escaped from custody within the meaning of section 745.1, which proscribed escape and prescribed its punishment. And, in addition, when finding that Satterfield was guilty of escape from custody, the Satterfield court took into consideration section 247.9 of the Code of 1962, 4 which provided that a parolee's "technical" custody remained with the warden of the penitentiary.

Satterfield argued that the prosecution should have been dismissed under the predecessor to rule 27(2)(a). That provision, § 795.1, The Code 1962 (as amended by 60th G.A., ch. 332, § 1), stated, in part:

When a person is held to answer for a public offense, if an indictment be not found against him at the next regular term of the court at which he is held to answer or within thirty days, whichever first occurs, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown. (Emphasis added.)

However, as Satterfield had never been "held to answer," section 795.1 was held to have no application to his situation. Id. at 1195-96, 136 N.W.2d at 258-59.

Satterfield is not dispositive of this case. A comparison of the statutory provision requiring speedy indictments applicable there and rule 27(2)(a), applicable here, shows a significant difference. Then, the event which triggered the running of time within which an indictment must be returned was being "held to answer." Now, it is being "arrested."

The terms are not synonymous. As previously stated, "arrested" means being physically taken into custody in the manner authorized by law. Formerly, physical restraint was, irrelevant to a determination of whether the defendant had been "held to answer." Bergman v. Nelson, 241 N.W.2d 14, 16 (Iowa 1976) ("Whether an accused is detained or admitted to bail is relevant on the issue of good cause for delay but does not affect the initial applicability of ...

To continue reading

Request your trial
24 cases
  • State v. Smith
    • United States
    • Iowa Supreme Court
    • April 9, 2021
    ...the triggering point was the "arrest" of the offender for the crime, not the date a person was held to answer. See State v. Schmitt , 290 N.W.2d 24, 26–27 (Iowa 1980), overruled on other grounds in Williams , 895 N.W.2d 856. Obviously, for those concerned with text, the change from "held to......
  • State v. Conner, 62499
    • United States
    • Iowa Supreme Court
    • May 21, 1980
    ...1973). Particularly relevant are substantively related provisions adopted in the same legislative session. See, e. g., State v. Schmitt, 290 N.W.2d 24, 26 (Iowa 1980); Iowa Farm Serum Co. v. Board of Pharmacy Examiners, 240 Iowa 734, 740, 35 N.W.2d 848, 851 (1949). From this examination of ......
  • State v. Williams
    • United States
    • Iowa Supreme Court
    • May 25, 2017
    ...e.g. , id. at 389–91 ; Wing , 791 N.W.2d at 248–51 ; State v. Dennison , 571 N.W.2d 492, 494–95 (Iowa 1997) ; State v. Schmitt , 290 N.W.2d 24, 26–27 (Iowa 1980). This rule has its roots in the more comprehensive right to speedy trial guaranteed under the United States and Iowa Consti......
  • State v. Wing
    • United States
    • Iowa Supreme Court
    • December 3, 2010
    ..."arrest" in [rule 2.33] to be the same as the definition provided in section 804.5, as explained in section 804.14.State v. Schmitt, 290 N.W.2d 24, 26 (Iowa 1980) (citations omitted). 6 An arrest "is the taking of a person into custody when and in the manner authorized by law, including res......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT