from the Iowa District Court for Cedar County, Theresa J.
Seeberger, Magistrate (trial), and Gary P. Strausser,
District Associate Judge (appeal).
defendant appeals his conviction for speeding. AFFIRMED.
T. Bowman, Donahue, appellant pro se.
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
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.
Background Facts and Proceedings
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.
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.
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
filed an application for discretionary review, which our
supreme court granted.
Standard of Review
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 ...