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State v. Robinson

Court of Appeals of Iowa

July 19, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
JIMMY D. ROBINSON, Defendant-Appellant.

         Appeal 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.

         A defendant appeals his convictions for second-degree robbery. AFFIRMED.

          Webb L. Wassmer of Wassmer Law Office, P.L.C., Marion, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Potterfield and Bower, JJ.

          BOWER, Judge.

         Jimmy 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.

         I. Background Facts and Proceedings

         On 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.[1] 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.[2]

         Trial 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.

         The 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.[3] 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.[4] 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.

         II. Standard of Review

         Motions 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 2001).

         III. ...


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