Cedar Rapids man asks court to dismiss burglary charge

CEDAR RAPIDS - A man who represents himself in court today asked for a burglary charge to be dismissed after last month asking the court for a new trial on the charge.

Steven Cooley, 60, of Cedar Rapids, was convicted by a Linn County jury of second-degree burglary and being a habitual offender last year but was granted a new trial because he wasn't informed of the lesser charges that could have been presented to the jury.

Cooley said today he wanted to ask for a dismissal of the charge last month but according to procedures of law he couldn't until he was granted a new trial.

Assistant Linn County Attorney Jerry Vander Sanden asked the court to reconsider the ruling to grant the new trial. He argued the case law 6th Judicial District Judge Nancy Baumgartner based her ruling on wasn't proper. Vander Sanden said there isn't any requirement to inform a pro se defendant of the lesser included charges.

District Judge Sean McPartland said he would consider both arguments and provide a written ruling before Cooley's trial set for Feb. 8.