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STATE v. LUMMUS

No. 88-1016.

449 N.W.2d 95 (1989)

STATE of Iowa, Appellant, v. Larry O. LUMMUS, Appellee.

Court of Appeals of Iowa.

October 5, 1989.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Christie J. Scase, Asst. Atty. Gen., and John Otto, County Atty., for plaintiff-appellant.

William L. Wegman, State Public Defender, and B. John Burns, Asst. Public Defender, for defendant-appellee.

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

DONIELSON, Presiding Judge.

In February 1988 a van was stolen from a residence in Atlantic, Iowa. The van was subsequently stopped in Texas and its three occupants were arrested. One of the occupants, defendant Larry Lummus, remained in jail in Texas for over two months for a probation/parole violation stemming from a prior theft conviction. The other two occupants (Hill and Herron) were promptly returned to Iowa.

While Lummus was in jail in Texas, an Assistant...

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