STATE v. MILLER

No. 11-1420.

818 N.W.2d 267 (2012)

STATE of Iowa, Plaintiff-Appellant, v. Brian David MILLER, Defendant-Appellee.

Court of Appeals of Iowa.

June 13, 2012.


Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Bridget A. Chambers , Assistant Attorney General, Stephen Holmes , County Attorney, and Nicole Proesch , Assistant County Attorney, for appellant.

Brian Miller , Mason City, pro se appellee.

Considered by VOGEL, P.J., and TABOR and BOWER, JJ.


TABOR, J.

The State appeals from the dismissal of Brian Miller's operating while intoxicated (OWI) charge, asserting that the timing of the trial information did not violate the speedy indictment rule. The success of that challenge hinges on whether Miller was "arrested" for OWI on the same day he was cited for interference with official acts.

Finding the result was dictated by the supreme court's interpretation of Iowa Rule of Criminal Procedure 2.33(2)(a...

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