State v. Sunclades

SCHULTZ, Justice.

In this discretionary review defendant Stanley G. Sunclades was granted permission to appeal from the trial court’s ruling denying his motion to dismiss a two-count criminal information charging him with going armed with intent in violation of section 708.8, The Code Supp.1977, and assault while participating in a felony in violation of section 708.3, The Code Supp.1977. The relevant facts are undisputed.

On July 21, 1978, defendant was arrested for the crime of attempt to commit murder after he had shot a victim in the lower abdomen. On July 31, 1978, defendant was charged by…