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STATE v. ISAAC

No. 95-15.

537 N.W.2d 786 (1995)

STATE of Iowa, Appellant, v. Nile William ISAAC, Appellee.

Supreme Court of Iowa.

September 20, 1995.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, and Kevin Parker, County Attorney, for appellant.

Warren Burge, Indianola, and Thomas R. Isaac, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO, and SNELL, JJ.

LAVORATO, Justice.

The State appeals from the dismissal of charges against Nile William Isaac for eluding under Iowa Code section 321.279 (1993). He was arrested while still a juvenile, but not charged until he was eighteen—some 105 days after the offense occurred. In a calendar entry—and without the benefit of a hearing—the district court granted Isaac's motion to dismiss for unnecessary delay in prosecuting the offense.

The State maintains...

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