STATE v. SMITH

No. 95-1027.

552 N.W.2d 163 (1996)

STATE of Iowa, Plaintiff-Appellee, v. John Paul SMITH, Defendant-Appellant.

Court of Appeals of Iowa.

April 23, 1996.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kimberly Griffith, Assistant County Attorney, for appellee.

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


SACKETT, Presiding Judge.

Defendant-appellant John Paul Smith appeals his conviction and sentence on one count of possession of marijuana. Defendant, who was tried without a jury, contends the district court erred in not dismissing the charges against him pursuant to Iowa Rule of Criminal Procedure 27(2)(a). He contends the district court erroneously determined he had not been arrested for purposes of the rule. We affirm.

On October 29, 1993, the Black Hawk...

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