State v. Beeks

SACKETT, Judge.

This case involves the question of when defendant was arrested for purposes of the forty-five day speedy indictment time period. Iowa Rule of Criminal Procedure 27(2)(a) provides that “[w]hen an adult is arrested for the commission of a public offense, ... and an indictment is not found against him within forty-five days, the court must order the prosecution to be dismissed_” The term “indictment” includes trial informations. Iowa R.Crim.P. 5(5). The trial court overruled defendant’s motion to dismiss the trial information for lack of speedy indictment. Defendant was…