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STATE v. HART

No. 04-1152.

703 N.W.2d 768 (2005)

STATE of Iowa, Appellant, v. David HART, Appellee.

Court of Appeals of Iowa.

May 11, 2005.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Richard Bennett And Mary Tabor, Assistant Attorneys General, Jennifer Miller, County Attorney, and James Scheetz, Assistant County Attorney, for appellant.

Darrell Meyer, Marshalltown, for appellee.

Considered by VOGEL, P.J., and MILLER and HECHT, JJ.

VOGEL, P.J.

The State appeals an order dismissing its indictment of David Hart for possession of cocaine with intent to deliver in violation of Iowa Code sections 124.401(1)(c)(2)(b), 124.413, and 901.10(1) (2003), prohibited acts in violation of Iowa Code sections 124.402(1)(e) and 124.402(2)(a) (2003), and failure to affix a drug stamp in violation of Iowa Code sections 453B.1(1) and 453B.12 (2003). As the State failed to bring Hart to trial within ninety days of...

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