STATE v. BEEKS

No. 87-891.

428 N.W.2d 307 (1988)

STATE of Iowa, Plaintiff-Appellee, v. Corvelle BEEKS, Defendant-Appellant.

Court of Appeals of Iowa.

June 29, 1988.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and James Whalen, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Julie Ann Halligan, Asst. Atty. Gen., Mary E. Richards, Co. Atty., and Douglas K. Marek, Asst. Co. Atty., for plaintiff-appellee.

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


SACKETT, Judge.

This case involves the question of when defendant was arrested for purposes of the forty-five day speedy indictment time period. Iowa Rule of Criminal Procedure 27(2)(a) provides that "[w]hen an adult is arrested for the commission of a public offense, ... and an indictment is not found against him within forty-five days, the court must order the prosecution to be dismissed...." The term "indictment" includes trial informations. Iowa R.Crim.P. 5(5...

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