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State v. Bowman

Court of Appeals of Iowa

August 16, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
SCOTT BOWMAN, Defendant-Appellant.

         Appeal from the Iowa District Court for Cedar County, Theresa J. Seeberger, Magistrate (trial), and Gary P. Strausser, District Associate Judge (appeal).

         A defendant appeals his conviction for speeding. AFFIRMED.

          Scott T. Bowman, Donahue, appellant pro se.

          Thomas J. Miller, Attorney General, and Kyle Hanson, Assistant Attorney General, for appellee.

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

          BOWER, Judge.

         Scott Bowman appeals the magistrate court's denial of a jury trial and his conviction for speeding in the bench trial that followed. We find Bowman's demand for a jury trial was untimely and we affirm the district court.

         I. Background Facts and Proceedings

         On February 10, 2016, Scott Bowman received a citation for speeding, in violation of Iowa Code section 321.285 (2016). The citation set his initial appearance for March 1. Rather than appearing in person on that date, Bowman filed a written plea of not guilty and requested a trial be set. On March 3, the court entered an order scheduling a non-jury trial, which was sent to Bowman. On March 14, the State filed a motion to continue, and in his resistance to the motion, Bowman continued to request a non-jury trial. On March 30, the district court granted the continuance and scheduled a non-jury trial for April 28.

         On April 6, Bowman filed a motion to withdraw his request for a non-jury trial and filed a late demand for a jury trial. His request was twenty-six days beyond the ten-day deadline required by Iowa Rule of Criminal Procedure 2.64. The court entered an order stating Bowman filed the jury demand beyond the required deadline but questioned whether Bowman was aware of the timeframe. The court determined the issue could be resolved at a later hearing.

         On July 6, the court denied Bowman's untimely request for a jury trial and proceeded to a bench trial. The court found Bowman guilty of speeding and fined him eighty dollars. Bowman appealed to the district court, pursuant to Iowa Rule of Criminal Procedure 2.73(3), and the district court affirmed his conviction.

          Bowman filed an application for discretionary review, which our supreme court granted.

         II. Standard of Review

         We review the application of the Iowa Rules of Criminal Procedure for correction of errors at law. State v. Mootz, 808 N.W.2d 207, 214 (Iowa 2012). To the extent Bowman raises ...


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