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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.
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).
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.
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,