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State v. Swensrud4/9/1991
aived the 150-day requirement in this case. See Andre v. Tucson City Court, 56 Ariz. Adv. Rep. 49, 50 (App. 1990) ("Before appellant could complain about the lack of a trial within the 150 days, it was incumbent upon him to timely request a resolution as to whether the delays caused by the various interruptions should have been excluded under Rule 8.4.").
Disposition
Because we conclude that defendant has waived any rule 8 violation, we vacate the court of appeals' memorandum decision, vacate the trial court's order dismissing the prosecution, and remand this matter to the trial court for proceedings consistent with this opinion.
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