from the Iowa District Court for Scott County, Mary E. Howes,
Carney appeals her convictions for drug-related charges.
Brian Weiler, Davenport, for appellant.
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
by Danilson, C.J., Doyle, J., and Goodhue, S.J. [*]
GOODHUE, Senior Judge.
Carney was found guilty of eleven counts of drug-related
charges. Carney appeals. We affirm.
Background Facts and Proceedings
vehicle was stopped by the police on October 8, 2013, based
on their knowledge that her operator's license had been
suspended. Her car was searched, and numerous bottles of
prescription pills, as well as multiple paper prescriptions
for the pills, were found. A search warrant was obtained for
Carney's home, and more prescribed pills-as well as 113
paper prescriptions- were found, some of which law
enforcement determined had been forged.
October 9, a complaint was filed that included six
drug-related charges, which were alleged to have taken place
on October 8, 2013. On November 13, the State moved to
dismiss the charges "in the interest of justice, "
alleging, "New information has come to light regarding
the defendant's involvement in obtaining additional
fraudulent prescriptions" and "subpoenas have been
issued to gather documentation reflecting further criminal
acts committed by the defendant." The motion to dismiss
was granted on the same day it was filed, based on the
assertions of the State and without any type of hearing or
notice to Carney.
March 20, 2014, the State filed a trial information charging
Carney with fifteen drug-related offenses. Carney filed a
motion to dismiss for violation of her speedy-trial and
speedy-indictment rights, as well as her due-process rights
to be heard on the initial dismissal. She maintained the
State should be barred from refiling the charges. A motion to
suppress certain evidence was filed with the notice to
dismiss. Both requests were denied, but the motion to
suppress was not included in Carney's brief on appeal.
evidentiary hearing on the motion to dismiss the new charges
was held. Four of the original fifteen counts were dismissed
by the State for various reasons. The parties then stipulated
that Carney would go to trial before the court on the basis
of the minutes of evidence attached to the trial information.
Carney was found guilty on all eleven counts remaining.
contends the State did not establish the prior dismissal was
made in the interest of justice but was instead filed to
evade the speedy-trial deadline. Carney also contended the
dismissal of the prior charges without notice to her was a
denial of her due-process rights.