STATE v. AILTS

No. 88-29.

433 N.W.2d 765 (1988)

STATE of Iowa, Plaintiff-Appellant, v. Jack AILTS, Defendant-Appellee.

Court of Appeals of Iowa.

October 20, 1988.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Roxann M. Ryan, Asst. Atty. Gen., for plaintiff-appellant.

William J. Lorenz of Welp, Harrison, Brennecke & Moore, Marshalltown, for defendant-appellee.

Considered by HAYDEN, P.J., and SACKETT and HABHAB, JJ.


HAYDEN, Presiding Judge.

The State appeals from a district court order dismissing with prejudice charges against defendant for operating while intoxicated. The State claims its failure to appear and produce evidence at the preliminary hearing should not have resulted in the trial court dismissing the charge with prejudice. For the reasons set out below, we reverse the ruling of the trial court.

I.

The defendant, Jack Ailts, was involved in a traffic...

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