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IN THE COURT OF APPEALS OF IOWA No. 6-159 / 05-0786 Filed May 10, 2006

STATE OF IOWA Plaintiff-Appellee, vs. DONALD EDWARD McVEY, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, James D. Birkenholtz, District Associate Judge.

Defendant appeals the district court's refusal to order the State to process outstanding arrest warrants against him. AFFIRMED.

Christopher Kragnes, Sr. and Tiffany Koenig of Kragnes, Tingle & Koenig, P.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, John P. Sarcone, County Attorney, and Christina M. Gonzalez, Assistant County Attorney, for appellee.

Considered by Miller, P.J., and Hecht, J., and Schechtman, S.J.*
*Senior Judge assigned by order pursuant to Iowa Code section 602.9206 (2005).

2 SCHECHTMAN, S.J. I. Background Facts & Proceedings

Donald McVey was charged with domestic abuse assault causing injury, in violation of Iowa Code section 708.2A(2)(b) (2003). An order was entered

prohibiting him from having contact with the victim, Ksea Parker. McVey pled guilty to domestic abuse assault causing injury. He was sentenced to one year in prison, consecutive to a parole revocation in a different case. The no-contact order was extended until April 30, 2004. While McVey was imprisoned he continued to write and remit letters to Parker. On September 26, 2003, an assistant county attorney filed an affidavit attesting McVey had engaged in thirteen counts of violating the no-contact order. The district court found probable cause existed to detain McVey on these charges. An arrest warrant was issued on September 29, 2003. The State has taken no action to execute this warrant. On February 17, 2004, the State again filed an affidavit asserting that McVey had engaged in four more counts of violating the no-contact order. An arrest warrant was issued that same day, but it also has not been served. McVey's attorney, Ted Prine, advised McVey that the charges would be held in abeyance until McVey was released from prison. McVey sent the clerk of court a letter requesting new counsel. He stated, "I furthermore would like this new attorney for a motion to dismiss my current charges of violation of no-contact for failure to prosecute." McVey signed an application for appointment of counsel. The district court appointed Prine for the

3 matter of the pending warrants. withdraw. The court subsequently permitted Prine to

A notation on the order states, "D. is in prison

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