STATE v. MILLER

No. 64850.

311 N.W.2d 81 (1981)

STATE of Iowa, Appellant, v. John N. MILLER, Appellee.

Supreme Court of Iowa.

October 21, 1981.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Julie F. Pottorff, Asst. Atty. Gen., for appellant.

William Pappas, Mason City, for appellee.

Considered en banc.


SCHULTZ, Justice.

The court of appeals affirmed the trial court's dismissal of defendant's criminal prosecution on the ground that Iowa R.Crim.P. 27(2)(c) requires automatic dismissal of charges when a defendant is not brought to trial within one year after initial arraignment and an extension has not been applied for and granted within that time period. We reverse and remand for further proceedings to determine whether good cause existed for an extension.

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