State v. Johnson-Hugi

McGIVERIN, Chief Justice.

Iowa Rule of Criminal Procedure 27(2)(a) provides that, unless good cause is shown, a district court must dismiss a prosecution against a defendant if an indictment is not found until more than forty-five days after the defendant’s “arrest.” The district court concluded, and the court of appeals agreed, that because defendant Debra Jo Johnson-Hugi had been “arrested” more than forty-five days before a trial information 1 had been filed against her, dismissal of the prosecution was required.

We disagree. Accordingly, we vacate the decision of the court of appeals,…