from the Iowa District Court for Black Hawk County, James C.
Bauch (motion to dismiss), Judge, and Joseph M. Moothart
(trial), District Associate Judge.
defendant appeals from the district court's denial of his
motion to dismiss.
Bishop, Cedar Rapids, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Robison appeals from the district court's denial of his
motion to dismiss. His appeal stems from two separate driving
incidents. In October 2015, Robison was stopped by a police
officer for not wearing his seatbelt (AGCR208508). In January
2016, Robison was stopped after an officer noticed he had an
expired registration (AGCR210909). On both dates,
Robison's license was suspended due to non-payment of
fines and was barred as an habitual offender. As a result of
the two stops, he was charged with two counts of driving
incurred a number of charges of driving while barred in 2015,
and he filed a motion to dismiss each of the charges. A
hearing was held on the matter; Robison claimed each of the
charges should be dismissed because they stemmed from his
non-payment of fines and fees assessed as a result of an
involuntary commitment in 2008, which Robison contended was
invalid. Robison also listed a number of other cases in which
he believed he had been treated unfairly.
December, the district court filed a written ruling, denying
Robison's motion to dismiss. The court concluded
Robison's claims about the "previous fines,
surcharges, and fees have been fully litigated in the
past." Additionally, the court stated, "The record
does not reflect an inability to obtain a fair trial in Black
Hawk County, nor does it appear that the court is prejudiced
against the defendant."
waived his right to a jury trial and agreed to be tried on
the minutes. At the trial, on February 12, 2016, the court
indicated it would be incorporating into AGCR210909 the
arguments from the motion to dismiss and the ruling on the
motion, and the State indicated it had no objection. The
court reiterated this again in its written ruling on the
underlying charges, stating:
The defendant moved for dismissal and incorporated by
reference the record on the motion to dismiss made in Cases
Nos. AGCR205163, AGCR206881 and AGCR208508. The defendant was
allowed to incorporate the entire record on the motion to
dismiss in said cases and apply that record to his motion to
dismiss in the above-titled case. The Court adopts and
incorporates by reference the order filed December 16, 2015,
in said cases overruling the defendant's motion to
dismiss. The defendant's motion to dismiss is overruled.
court found Robison guilty of both counts of driving while
barred. Robison was sentenced to a term of incarceration not
to exceed two years; the sentence was suspended, and he was
placed on supervised probation.
appeals, claiming the district court erred when it denied his
motion to dismiss. "We review a motion to dismiss a
charge alleged in a trial information for the correction of
errors at law." State v. Wells, 629 N.W.2d 346,
351 (Iowa 2001).
the State maintains Robison does not have a claim regarding
his January 2016 driving-while-barred charge. Robison filed
his motion to dismiss in September 2015. A hearing was held
on the matter on October 12, and the district court filed its
ruling denying Robison's motion in December 2015-all
before Robison incurred the new charge. Additionally, Robison
never filed a written motion to dismiss in AGCR210909.
However, the district court understood Robison to be making
an oral motion to dismiss the charge in AGCR210909 at the
trial on the minutes, and the court ruled accordingly. This
is sufficient to preserve Robison's claim for our review.