State v. Orte

CADY, Judge.

Kenneth Orte, Jr., appeals from his sentences and convictions, following a jury trial for third-degree burglary and second-degree theft, in violation of Iowa Code sections 713.6A, 714.1(1), and 714.2(2) (1993). He contends the district court erred in denying his motion to dismiss based on a violation of his right to speedy trial and in considering unproven and unprosecuted charges in sentencing him. Upon our review, we conclude Orte was denied his right to a speedy trial and reverse the district court.

On May 6, 1993, a trial information was filed charging Orte with third-degree…