STATE v. MULLENIX

No. 64620.

299 N.W.2d 482 (1980)

STATE of Iowa, Appellant, v. Randall Lee MULLENIX, Appellee.

Supreme Court of Iowa.

December 17, 1980.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Douglas F. Staskal, Asst. Atty. Gen., W. Edward Anstey, Appanoose County Atty., for appellant.

Kenneth L. Keith, of Dull, Keith & Beaver, Ottumwa, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, LARSON, and SCHULTZ, JJ.


LeGRAND, Justice.

Defendant Randall Lee Mullenix was found guilty in magistrate's court of driving at a speed which did not permit him to stop within the assured clear distance ahead in violation of section 321.285, The Code 1979. He appealed to district court, where the charge was dismissed. The State then applied for, and was granted, discretionary review. Section 814.5(2)(d), The Code 1979. We reverse.

The sole question raised is whether the "assured clear...

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