from the Iowa District Court for Black Hawk County, George L.
Stigler (second trial), Stephen C. Clarke (ex parte order),
and Andrea J. Dryer (first trial), Judges.
defendant appeals his convictions for second-degree robbery.
L. Wassmer of Wassmer Law Office, P.L.C., Marion, for
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
Robinson appeals his conviction for second-degree robbery,
claiming his right to a speedy trial was violated. We find
Robinson's right to a speedy trial was not violated. We
affirm the decision of the district court.
Background Facts and Proceedings
October 16, 2014, Robinson, along with others, robbed the
manager of a supermarket. Robinson was arrested the next day,
the trial information was filed October 27, and Robinson was
arraigned December 2. Robinson waived his right to a speedy
trial at the arraignment. Robinson requested and was appointed
counsel. On April 24, 2015, Robinson filed a pro se demand
for speedy trial. The district court set trial for May 26 and
noted the ninety-day deadline for speedy trial would expire
July 23. Trial was continued and ultimately held June 30. A
mistrial was declared.
was reset for July 14 but was continued. On July 20,
Robinson's trial counsel moved to cancel the jury trial
and informed the district court a plea agreement had been
reached. On August 3 Robinson filed a pro se motion to
dismiss for violation of his speedy trial rights. The
district court entered an order stating the motion was ex
parte and took no action. Robinson renewed his motion on
August 27, September 1, and September 8. The district court
responded in the same way.
district court entered an order on September 18 stating
Robinson had rejected the plea agreement and noting
Robinson's right to a speedy trial was reinstated from
September 15. Trial was reset for September 29. Robinson
waived his one-year speedy trial right September 25, but the
waiver did not reference his ninety-day right. Robinson filed a
pro se request to reinstate his ninety-day right to speedy
trial on January 19, 2016. The district court set trial for
February 2, 2016. Trial was eventually held April 5, and
Robinson was found guilty April 13. He now appeals.
Standard of Review
to dismiss based on a claimed violation of speedy-trial
rights are reviewed for an abuse of discretion. State v.
Winters, 690 N.W.2d 903, 907 (Iowa 2005). When reviewing
the grounds for a delay of speedy trial, the discretion the
district court is allowed narrows to the determination of
good cause under Iowa Rule of Criminal Procedure 2.33(2)(b).
Id. However, regarding the procedural application of
rules of speedy trial our review is for correction of errors
at law. State v. Miller, 637 N.W.2d 201, 204 (Iowa