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State v. Bartlett

Court of Appeals of Iowa

July 5, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JOSEPH L. BARTLETT, Defendant-Appellant.

          Appeal from the Iowa District Court for Cass County, Kathleen A. Kilnoski (motion to dismiss), Jeffrey L. Larson (trial), and Gregory W. Steensland (sentencing), Judges.

         Joseph Bartlett appeals from judgment and sentence entered following a bench trial.

          Mark C. Smith, State Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Mullins and McDonald, JJ.

          DANILSON, CHIEF JUDGE.

         Joseph Bartlett appeals from judgment and sentence entered following a bench trial on the minutes of evidence and Exhibit 1, body and dash-cam videos.

         I. Background Facts and Proceedings.

         On July 3, 2016, at 1:20 a.m., Deputy Benjamin Bartholomew was informed law enforcement officers were in pursuit of a vehicle traveling eastbound on Highway 92 by the Cass County Communications Center. The vehicle was traveling at speeds around 85 m.p.h. Deputy Bartholomew was further informed the vehicle had travelled through Griswold and was continuing eastbound on Highway 92. Deputy Bartholomew placed his vehicle on the westbound lane of Highway 92 with lights flashing and placed stop sticks in the eastbound lane one-half mile west of Highway 71. The driver being pursued attempted to drive around the sticks, lost control, and exited the road into the ditch on the north side of the highway. The driver then continued east through a field next to the highway.

         Deputy Bartholomew drove eastbound on the highway stopping on the side of the road at the intersection of Highway 92 and Highway 71. The driver of the vehicle exited the field back onto Highway 92, striking the rear driver's side of Deputy Bartholomew's marked patrol car, causing damages to the patrol car in excess of $1000. The driver continued on, also failing to stop at the intersection's stop sign. The driver drove on to Tucson Road entering into Lyman. A Pottawattamie County Deputy preformed a precision immobilization technique (PIT) maneuver. Deputy Bartholomew's vehicle was in the westbound lane of the road to block the driver. The driver attempted to avoid the PIT maneuver and struck the front of Deputy Bartholomew's patrol vehicle. This caused further damage to the vehicle. The driver failed to stop at the intersection of Tucson Road and Highway 71, where he turned southbound on Highway 71 passing Deputy Kyle Quist, who followed the vehicle for about two miles until the vehicle became disabled and stopped near Victoria Road on Highway 71. The driver was arrested at 1:34 a.m. While being placed under arrest, the driver-identified as Bartlett- stated he had run because he was "high." Bartlett was transported to Pottawattamie County, where he was charged with crimes in that county.

         Pottawattamie County deputies stated Bartlett had been traveling 90 m.p.h. on Main Street in Griswold, and eighty miles per hour on Highway 92. Deputy Quist reported Bartlett had been travelling seventy-five miles per hour on Highway 71. An auto body shop provided a $6640 quote (parts and labor) to repair the damage to Deputy Bartholomew's patrol car. The driver-side damage and the front-end damage each exceeded $1000.

         On August 19, 2016, complaints were filed in Cass County asserting Bartlett had committed two counts of assault on persons in certain occupations, in violation of Iowa Code section 708.3A(2) (2016); two counts of criminal mischief in the second degree, in violation of section 716.4(1); and one count of eluding, in violation of section 321.279(3). On August 22, [1] a Cass County warrant for Bartlett's arrest was filed.

         After serving some time in Pottawattamie County, Bartlett was transferred to Montgomery County where there was an active warrant for his arrest unrelated to the charges in this case. On October 24, while Bartlett was in the Montgomery County Jail, Cass County faxed a copy of the Cass County arrest warrant to the Montgomery County Sheriff's Department.

         On January 10, 2017, the Cass County Sheriff personally served Bartlett with the Cass County warrant while Bartlett was in the Montgomery County Jail. The return of service was filed on January 11-the same date Bartlett appeared before a Cass County magistrate.

         On January 18, 2017, a five-count trial information was filed in the Cass County District Court. Counts I and II relate to the first time Bartlett's vehicle hit Deputy Bartholomew's patrol car. Count I (assault on persons engaged in certain occupations) asserts Bartlett,

on the 3rd day of July, 2016, in Cass County, Iowa, did intend to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act against a peace officer by a person who knows that the person against whom the assault is committed is a peace officer and who uses or displays a dangerous weapon in connection with the assault, to-wit; used a motor vehicle to strike the driver's side of a marked patrol vehicle.

         Count II (criminal mischief) alleges Bartlett, using a motor vehicle, did "knowingly and intentionally damage" the driver's side door of a marked patrol car causing damage exceeding $1000. Counts III and V relate to the second time Bartlett's vehicle hit Deputy Bartholomew's patrol car. Count III (criminal mischief) alleges Bartlett, using a motor vehicle, did "knowingly and intentionally damage" the front of a marked patrol car. Count V (assault on persons engaged in certain occupations) asserted Bartlett

did intend to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act against a peace officer by a person who knows that the person against whom the assault is committed is a peace officer and who uses or displays a dangerous weapon in connection with the assault, to wit; used a motor vehicle to strike a marked patrol vehicle.

         In Count IV (eluding), the State asserted Bartlett eluded a marked law enforcement vehicle. Trial was scheduled for March 7.

         On January 19, Bartlett filed a motion to dismiss asserting he was arrested on July 3, 2016, or no later than October 24. He argued that because no indictment had been filed within forty-five days of either date, Iowa Rule of Criminal Procedure 2.33(2)(a) was violated.

         The district court denied the motion on January 25, concluding:

A trial information must be filed within [forty-five] days of a defendant's arrest. [Bartlett] maintained that he was arrested on July 3, 2016. Alternatively, he urged that he was served with the arrest warrant on October 24, 2016, when he was given a copy of the fax. The court concludes that [Bartlett] was not served with the arrest warrant when he was given a photocopy of the fax. [Bartlett] was in the custody of the Montgomery County sheriff on October 24 and was not served with the Cass ...

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