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E-FILED 2017 MAY 01 11:04 PM BUCHANAN - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR BUCHANAN COUNTY

STATE OF IOWA, *
CRIMINAL CASE NO.: FECR081656
Plaintiff, *

v. *
STATES RESISTANCE TO
CHRISTOPHER DOUGLAS SOULES, * DEFENDANTS MOTION TO DISMISS

Defendant. *

COMES NOW the State of Iowa, by and through undersigned counsel, and for its
Resistance to Defendants Motion to Dismiss states

1. The Court has already determined that there is probable cause to believe that an
offense has been committed and the defendant committed it at the Defendants
Initial Appearance on April 25, 2017. See Record of Initial Appearance of Defendant
Charged with Indictable Offense, entered in the above-captioned matter on April 25,
2017.

2. In addition to the Court already determining probable cause exists to believe the
offense has been committed and the defendant committed it, Defendants Motion to
Dismiss is premature.

3. The filing of the trial information is necessary to charge a defendant with an


indictable offense. State v. Petersen, 678 N.W.2d 611, 613 (Iowa 2004), citing Iowa
Rule of Criminal Procedure 2.5(1). A violation in the complaint stage of the
proceedings does not affect the merits of the charge, but only affects the legality of
the detention of the accused to answer the charge prior to the filing of the
information. Id. at 614, citing State v. Dowell, 297 N.W.2d 93, 97 (Iowa 1980).

4. Rule 2.11 governs pleadings and motions and specifically motions to dismiss.
Defendants Motion to Dismiss fails to allege any permissible ground for dismissal
pursuant to Rule 2.11(6).

5. Defendants Motion to Dismiss alleges an insufficiency of evidence. However, it is


improper for the district court to hold an evidentiary hearing on a motion to dismiss
based on a claim that the facts alleged do not constitute the offense charged. The
only inquiry is whether the State has alleged facts which constitute a crime as a
matter of law. State v. Gonzalez, 718 N.W.2d 304 (Iowa 2006). An indictment will
not be dismissed under Rule 2.11(6) pursuant to a motion which merely challenges
the sufficiency of the evidence supporting the indictment. State v. Doss, 355 N.W.2d
874 (Iowa 1984).
E-FILED 2017 MAY 01 11:04 PM BUCHANAN - CLERK OF DISTRICT COURT

6. Defendants Brief in Support of Motion to Dismiss cites State v. Sebben, 185 N.W.2d
771, 774 (Iowa 1971). Although excluded from the passage cited by the Defendant,
the Iowa Supreme Court in Sebben provided that [o]rdinarily, it will be for the trier
of fact to say whether the driver has fulfilled this duty [referring to the duty imposed
by Iowa Code Section 321.263]. Sebben, 185 N.W.2d at 776.

7. Defendants Brief in Support of Motion to Dismiss recognizes the Defendant was to


immediately return to the scene of the accident or inform the law enforcement
authorities where he could be located. Defendant did neither. Furthermore, the only
permissible reasons for which Defendant could leave the scene of the accident in the
first place was to seek necessary aid or report the accident to law enforcement
authorities. Iowa Code Section 321.263(2). Defendant did neither after fleeing the
scene.

8. Defendants Brief in Support of Motion to Dismiss states Defendant made no attempt


to obfuscate his identity. However, Defendant did attempt to obfuscate the immediate
facts and circumstances surrounding the accident, including a determination of his
level of intoxication and an explanation of the empty and partially consumed open
alcoholic beverages located in and around his vehicle that he was seen purchasing at a
convenience store shortly before the accident.

WHEREFORE, the State of Iowa respectfully requests the Court deny Defendants
Motion to Dismiss without hearing, or for such other and additional relief as the Court deems
appropriate in the premises.

RESPECTFULLY SUBMITTED,

/s/ Shawn M. Harden


Shawn M. Harden ATC100001
Buchanan County Attorney
210 5th Ave NE
PO Box 68
Independence, IA 50644-0068
Telephone: (319) 334-3710
Facsimile: (319) 334-6591
Email: sharden@co.buchanan.ia.us

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