STATE v. FRANKS

No. 65061.

311 N.W.2d 84 (1981)

STATE of Iowa, Appellant, v. Michael Andrew FRANKS, Appellee.

Supreme Court of Iowa.

October 21, 1981.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Roxann M. Ryan, Asst. Atty. Gen., and S. J. Petersen, Muscatine County Atty., for appellant.

Francis C. Hoyt, Jr., State Appellate Defender, and Douglas F. Staskal, Asst. State Appellate Defender, Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, McGIVERIN, and SCHULTZ, JJ.


UHLENHOPP, Justice.

This discretionary review involves the question of whether a defendant, convicted of a simple misdemeanor upon jury trial before a district associate judge, is entitled to a jury trial on appeal to a district judge. See Iowa R.Crim.P. 54. The parties do not raise constitutional issues.

On July 27, 1979, an officer charged defendant Michael Andrew Franks with a traffic offense—failure to yield the right of way contrary to section...

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