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State v. Penn-Kennedy

Supreme Court of Iowa

April 17, 2015

STATE OF IOWA, Appellee,
v.
JOHN PENN-KENNEDY, Appellant

Appeal from the Iowa District Court for Woodbury County, Todd A. Hensley, Judge. The State seeks further review of a court of appeals decision reversing defendant's conviction for OWI finding the prosecution violated the speedy indictment rule.

Robert D. Tiefenthaler of Tiefenthaler Law Office, P.C., Sioux City, for appellant.

Thomas J. Miller, Attorney General, Heather R. Quick, Assistant Attorney General, Patrick Jennings, County Attorney, and Jacklyn Fox, Assistant County Attorney, for appellee.

OPINION

On review from the Iowa Court of Appeals.

Page 385

CADY, Chief Justice

In this appeal, we revisit the scope and application of the speedy indictment rule. The issue presented is whether this rule applies to require the dismissal of a prosecution for the crime of operating while intoxicated that arose from an arrest and prosecution for the crime of public intoxication when the defendant reasonably believed he had also been arrested for the crime of operating while intoxicated. The district court held that the speedy indictment rule did not require a dismissal of the subsequent prosecution for the crime of operating while intoxicated. We transferred the case to the court of appeals, which reversed the decision of the district court. On further review, we vacate the decision of the court of appeals and affirm the decision of the district court. We hold that the speedy indictment rule is not triggered for a prosecution of a public offense by an arrest that resulted in an earlier prosecution of a separate public offense arising from the same incident.

I. Background Facts and Proceedings.

During the frigid early morning hours of January 19, 2012, Sioux City police officers responded to a report of an intoxicated man leaving a restaurant and preparing to operate his motor vehicle parked outside the restaurant. When officers arrived, they found John Penn-Kennedy, a Nebraska resident, sitting behind the steering wheel of his vehicle in the parking lot with the motor running. After questioning Penn-Kennedy, one of the officers entered the restaurant to interview the person who made the report. Two other officers remained outside with Penn-Kennedy. During this time, Penn-Kennedy told the officers he had driven to the restaurant from a bar and planned to drive home. An officer administered two field sobriety tests and a preliminary breath test. Penn-Kennedy failed the tests.

Without informing Penn-Kennedy he was under arrest, the officers handcuffed him and transported him to the police station. As the arresting officer was walking him into the station, Penn-Kennedy fell and injured his foot. The injury was severe enough that the officer transported him from the station to the hospital. At the hospital, the officer read Penn-Kennedy

Page 386

his Miranda rights and invoked implied-consent procedures to obtain a body specimen for testing to determine his alcohol concentration level. The officer requested a blood test for this purpose. Penn-Kennedy refused the test, but consented to provide a urine sample. After obtaining the urine sample, the officer told Penn-Kennedy he was under arrest for public intoxication in violation of Iowa Code section 123.46 (2011). Penn-Kennedy was then transported back to the station and booked for public intoxication. A criminal complaint for public intoxication was filed, and a prosecution for the offense followed. Penn-Kennedy was released from custody following an initial appearance.

On February 17, the police received the toxicology report on the urine sample provided by Penn-Kennedy. The report showed Penn-Kennedy had an alcohol concentration level at the time of his arrest in excess of the legal limit to operate a motor vehicle.

On May 18, the State filed a criminal complaint charging Penn-Kennedy with the crime of operating while intoxicated (OWI) in violation of Iowa Code section 321J.2. The complaint arose from the same incident that resulted in the public intoxication arrest 120 days earlier. An arrest warrant was issued, ...


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