State v. Truax
Decision Date | 17 September 1975 |
Docket Number | No. 56921,56921 |
Citation | 232 N.W.2d 861 |
Parties | STATE of Iowa, Appellant, v. Robert S. TRUAX, Appellee. |
Court | Iowa Supreme Court |
Richard C. Turner, Atty. Gen., Jim P. Robbins, Raymond W. Sullins, Asst. Attys. Gen., and Tracy Anderson, County Atty., for appellant.
G. Gifford Morrison, Washington, for appellee.
Submitted to MOORE, C.J., and REES, UHLENHOPP, REYNOLDSON, HARRIS and McCORMICK, JJ.
This prosecution was dismissed for want of speedy trial under § 795.2, The Code. Upon the State's appeal we reverse the trial court and remand.
Robert S. Truax (defendant) was indicted April 25, 1973 for the crime of operating a motor vehicle while under the influence of an intoxicating beverage in violation of § 321.281, The Code. No charges were filed at the time the offense was alleged to have occurred, eight months previously, on August 26, 1972. Defendant was never incarcerated or held to answer prior to his indictment.
On May 4, 1973 defendant moved to dismiss, charging lack of speedy indictment under § 795.1, The Code, complaining he had no opportunity to challenge the grand jury make-up, and asserting the grand jury had been improperly drawn. Hearing on this motion was set for May 25, 1973.
On May 24, 1973 the State filed a resistance to the motion. On the hearing day, May 25, 1973, Truax expanded his motion to assert the grand jury should have received evidence defendant had requested a blood sample be taken at the time of the incident. At the hearing, the same day, defendant further expanded his motion to dismiss to assert the county attorney did not uniformly enforce the statute defendant was charged with violating. The county attorney then sought additional time to review the last ground of the motion and the trial court reassigned hearing on the motion for June 28, 1973. Defendant made no objection to this continuance.
The hearing was held June 28, 1973 at which defendant's various motions were overruled. Arraignment was thereupon set for July 2, 1973. On June 29, 1973 defendant demanded a more complete copy of the minutes of the testimony before the grand jury which indicted him. The trial court then changed the date of arraignment from July 2, 1973 to July 5, 1973.
On July 5, 1973 defendant filed another motion to dismiss the indictment which was overruled the same day. Defendant was then arraigned and entered a plea of not guilty. The record made at that time included the following:
On November 2, 1973 trial was set for December 11, 1973. On November 27, 1973 defendant moved to dismiss the charges under § 795.2, The Code, because more than 60 days had passed since the July 5, 1973 arraignment. A resistance to this motion was filed December 4, 1973 by the State which contended defendant had waived his right to speedy trial at the time of his arraignment and that delays since then were the result of his statement at the arraignment he was in no hurry for a trial. On December 11, 1973 the trial court found the delay of trial had not...
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...when the delay is attributable to defendant. State v. Lyles, 225 N.W.2d at 126; State v. Montgomery, 232 N.W.2d at 527; State v. Truax, 232 N.W.2d 861, 863 (Iowa 1975); State v. LaPlant, 244 N.W.2d 240, 242 (Iowa 1976). In this connection this court has said it is not necessary for defendan......
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...was shown for the delay were correct. The postponement was attributable to defendant. Such delay constitutes good cause. State v. Truax, 232 N.W.2d 861, 863 (Iowa 1975). There was no finding of fault on the part of defendant or his counsel for filing the insanity notice on the last day perm......
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