 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
CITY OF DODGE CITY v. RABE6/15/1990
Finally, the trial judge had a responsibility to see that the speedy trial statute was complied with. The appeal was docketed and simply sat on the trial docket for some 14 months until the defendant filed a motion to dismiss the case on the basis of denial of a speedy trial.
We hold the accused was denied his right to a statutory speedy trial. We do so with full realization that, in the past, the duty has been placed on a city or the State to comply with the speedy trial statute. Here, the City had notice other than a copy of the notice of appeal that the accused had filed an appeal (the municipal judge knew defendant's sentence was not enforced, even though the jail sentence was mandated by state law if no appeal
had been filed), and that fact alone should be sufficient to support our holding. That fact, coupled with the trial judge's duty to manage the court docket, causes us to conclude Rabe's conviction must be reversed, and the case is remanded to the trial court with directions to vacate Rabe's conviction and to discharge the defendant.
|