from the Iowa District Court for Boone County, James B.
Malloy, District Associate Judge.
Cunningham Jr. appeals his judgment and sentence for
possession of methamphetamine, second offense.
J. Boettger of Hastings, Gartin & Boettger, LLP, Ames,
J. Miller, Attorney General, and Jean C. Pettinger and Tyler
J. Buller, Assistant Attorneys General, for appellee.
Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.
district court found Jerry Cunningham Jr. guilty of
possession of methamphetamine, second offense. On appeal,
Cunningham challenges (1) the court's denial of his
motion to dismiss the prosecution based on a speedy trial
violation and (2) the court's denial of his motion to
suppress evidence arguably gained pursuant to a statutory
ninety-day speedy trial rule states:
If a defendant indicted for a public offense has not waived
the defendant's right to a speedy trial the defendant
must be brought to trial within 90 days after indictment is
found or the court must order the indictment to be dismissed
unless good cause to the contrary be shown.
Iowa R. Crim. P. 2.33(2)(b). "In determining whether
there is good cause for a delay, [reviewing courts] focus
only on one factor, the reason for the delay." State
v. Campbell, 714 N.W.2d 622, 627 (Iowa 2006). Our review
is for an abuse of discretion. Id.
begin with the pertinent dates for application of the
ninety-day speedy trial rule. The State filed its trial
information on June 11, 2015. Cunningham failed to appear for
his arraignment on June 23, and the district court granted a
continuance to June 30. Cunningham again failed to appear on
June 30, and the district court issued a bench warrant for
his arrest. The warrant was served on July 27. Cunningham was
arraigned on August 4 and demanded his right to a speedy
trial. The district court entered an order setting pretrial
conference for September 8 and a jury trial for September 22.
Cunningham filed a motion to suppress on August 25, which was
scheduled for hearing on September 11. The district court
denied the motion on September 16. A bench trial took place
on September 21.
did not waive his right to be tried within ninety days; the
ninetieth day to be tried fell on September 9, 2015.
the speedy trial deadline expired, Cunningham moved to
dismiss the trial information. The district court denied the
motion. The court cited Cunningham's failure "to
appear for his original arraignment" and his failure to
appear for the rescheduled arraignment and ...