STATE v. BOELMAN

No. 68735.

330 N.W.2d 794 (1983)

STATE of Iowa, Appellee, v. Carmen L. BOELMAN, Appellant.

Supreme Court of Iowa.

March 16, 1983.


Attorney(s) appearing for the Case

Donald L. Juhl and Richard R. Vander Mey, Nevada, for appellant.

Thomas J. Miller, Atty. Gen., Roxann Ryan, Asst. Atty. Gen., and Jeffrey Corzatt, Tama County Atty., for appellee.

Considered by LeGRAND, P.J., and HARRIS, McCORMICK, McGIVERIN and CARTER, JJ.


McCORMICK, Justice.

The case presents a question under Iowa R.Crim.P. 27(2)(a). In relevant part, the rule requires that when an adult is arrested for a public offense "and an indictment is not found 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." The trial court overruled defendant Carmen Boelman's motion to dismiss the trial information alleging breach...

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