Opinion
No. 09-0059.
February 10, 2010.
Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.
The State appeals from the district court ruling granting the defendant's motion to dismiss. AFFIRMED BY OPERATION OF LAW.
Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney general, and Darin J. Raymond, County Attorney, for appellant.
Mark C. Smith, State Appellate Defender, and Bradley M. Bender, Assistant Appellate Defender, for appellee.
Considered EN BANC.
The State appeals from the district court ruling granting defendant Christopher Swinger's motion to dismiss. The State contends the court erred in concluding the State's dismissal of Swinger's prior charges was on speedy trial grounds and not in the furtherance of justice. It further contends the court erred in concluding the new charges were for the "same offense" as the earlier charges.
The court being equally divided, the district court's ruling is affirmed by operation of law. Iowa Code § 602.5106(1) (2009).