State v. Wagner

TERNUS, Justice.

This case presents one issue: does the State of Iowa have criminal jurisdiction to prosecute a defendant in the constructive custody of the State for an escape that occurred in Texas? Although the district court held that the State did have jurisdiction, we find no Iowa statute that would authorize the prosecution of an escape offense that took place outside Iowa’s geographical borders. Therefore, we reverse and remand.

I. Factual and Procedural Background.

The facts are not in dispute. Prior to the commission of the crime in question, *85the defendant, Everett Wagner, was an…