IN THE COURT OF APPEALS OF IOWA
No. 16

- 0 39 3 Filed April 19, 2017
STATE OF IOWA, Plaintiff

- Appellee,

vs. ERVIN LEE WILSON JR. , Defendant

- Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Black Hawk County, Joseph M. Moothart , District Associate Judge.

Ervin Wilson Jr. appeals following his conviction f or absence from custody , in vi olation of Iowa Code section 719 .4(3) (2015)

. AFFIRMED.

Jeffrey L. Powell of the Law Office of Jeffrey L. Powell, P.L.C., Washington, for appellant. Thomas J. Miller, Attorney General, and Bridget A. Chambers , Assistant Attorney General, for appellee State

.

Considered by Danilson, C.J., and Vogel and Vaitheswaran, JJ.2

DANILSON, Chief Judge. Ervin Wilson Jr. appe als following the trial court’s finding Wilson was guilty of being knowingly and voluntarily absent from a place where he wa s required to be , in vi olation of Iowa Code section 719 .4(3) (2015). He argues t he State failed
to indict him within forty

- five days of his arrest and, therefore, t he trial court erred in denying his motion to dismiss. On September 2, 2015, Wilson was sentenced to r eside in a residential facility as a condition of his probation in another case

— Black Hawk County case number AGCR206863

. He was placed on escape status on September 4, 2015, when he failed to return on time. A report of probation vi olation was filed on September 8 in AGCR206863 , and an arrest warrant issued on the alleged probation violation that same date. On September 16, Wilson was arrested on a new theft charge in Bremer County. On September 17, he was transferred to Black Hawk County. On Septem ber 22, Wilson was arrested on th e outstanding warrant for probation violation. His probation was revoked on October 27 , and the underlying prison sentence imposed.
Wilson was still i n custody on November 20, 201 5 , when the trial information for the instant charge was filed. A n order for an arrest warrant in this

case was issued on November 20. The return of service on the warrant states it was executed on November 23. Wilson moved to dismiss the absen ce - from

- custody trial information on the ground it was not filed within forty

- five days of his arrest and was untimely3

under Iowa Rule of Criminal Procedure 2.33(2)(a). The district court denied the motion and, following a trial on the minutes, found Wilson guilty

. Our review of the co urt’s application of procedural rules governing indictment, Iowa Rule of Criminal Procedure 2.33(2)( a ), is for correction of errors at law. State v. Wing , 791 N.W.2d 243, 246 (Iowa 2010). “We are bound by the findings of fact of the district court if the y are supported by substantial evidence.”
Id.
Wilson contends he was arrested on th e absence

- from

- custody charge on September 22 . The record indicates, however, that he was arrested on the warrant issued for the reported probation violation in case number AGCR206863

. There is no constitutional right to be arrested at the moment probable cause arises , State v. Trompeter , 555 N.W.2d 468, 470 (Iowa 1996), and no reasonable person would have believed the arrest was for anything other than the alleged
vi olation of probation. See Wing , 791 N.W.2d at 249

. Wilson’s claim that the trial information in this case, filed on November 20, 2015, was untimely under Iowa Rule of Criminal Procedure 2.33(2)(a) is without merit

. The district court did not err in deny ing his motion to dismiss. We affirm.
AFFIRMED.