State v. Penn-Kennedy
Annotate this CaseDefendant was arrested for public intoxication. The State filed a criminal complaint 120 days later charging Defendant with operating while intoxicated (OWI). The complaint arose from the same incident that resulted in the public intoxication arrest. Defendant filed a miss to dismiss the ensuing trial information charging him with OWI, claiming that the State was required to indict him under the speedy indictment rule for OWI within forty-five days of his arrest because he maintained a reasonable belief that he had been arrested for OWI at the time. The district court dismissed the motion and found Defendant guilty of OWI. The public intoxication charge was dismissed. The court of appeals reversed, concluding that the State was required to indict Defendant for OWI within forty-five days of the arrest because the officers could only have arrested Defendant for the crime of OWI. The Supreme Court vacated the court of appeals and affirmed the district court, holding that the speedy indictment rule is not triggered for a prosecution of a public offense by an arrest that resulted in an earlier prosecution of a separate offense arising from the same incident.
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