STATE v. SWARTZ

No. 94-761.

541 N.W.2d 533 (1995)

STATE of Iowa, Appellee, v. Ronald SWARTZ, Appellant.

Court of Appeals of Iowa.

September 22, 1995.


Attorney(s) appearing for the Case

Alfredo Parrish and Robert P. Montgomery of Parrish, Kruidenier, Moss, Dunn, Montgomery & Thomas, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Thomas G. Fisher, Jr., Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Shawn Wehde, Assistant County Attorney, for appellee.

Heard by HAYDEN, P.J., and SACKETT and CADY, JJ., but considered en banc.


CADY, Judge.

This is an interlocutory appeal by a defendant claiming the State should be barred from reprosecution following the reversal of his conviction on appeal. We conclude retrial is not barred, and affirm the district court's rejection of the defendant's motion to dismiss. We remand for further proceedings.

Ronald Swartz was convicted of first-degree robbery on July 5, 1985. He was sentenced to serve a prison term not to exceed twenty-five years. The...

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