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State v. Dickens11/19/2004
ry speedy trial violation. He was tried 17 months after he filed the appeal notice. The Court of Appeals concluded the defendant was denied his statutory right to a speedy trial under K.S.A. 22- 3404(2). 14 Kan.App.2d at 476. References by the court to the speedy trial period included only the 17 months after the defendant filed his appeal in district court. 14 Kan.App.2d at 469, 475-76.
Unlike Bollacker and Rabe, this case does not involve an appeal of a municipal court conviction to district court. Instead, Dickens was first prosecuted in municipal court and later prosecuted by the State in district court. Moreover, neither Bollacker nor Rabe included the time period of the municipal court proceedings in the 180-day computation under K.S.A. 22- 3402(2).
We conclude the calculation of speedy trial rights under K.S.A. 22-3402(2) does not include consideration of the period of time charges were pending in the municipal court of Dodge City. K.S.A. 22-3402(2) only applies to criminal prosecutions by the State or a city in the district courts of Kansas, and no tacking of time previously spent in municipal court is contemplated in determining speedy trial rights under the statute.
Affirmed.
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