State v. Vela-Montes

In 2009, Defendant was charged with two counts of first degree sexual contact. In 2012, Defendant filed a second motion to discharge based upon his statutory right to a speedy trial. The district court overruled the motion, and Defendant appealed. While the appeal was pending, Defendant filed a motion to withdraw and dismiss his appeal. The Supreme Court sustained Defendant’s motion to discharge without determining how much time remained on the speedy trial clock. The State moved for rehearing of Defendant’s motion to dismiss, claiming that the Court erred by failing to address how much time remained on Defendant’s speedy trial clock after the dismissal of his interlocutory speedy trial appeal. The Supreme Court affirmed the dismissal of Defendant’s appeal, holding that Defendant waived his statutory right to a speedy trial and that there was no need to calculate the time remaining to bring him to trial.View "State v. Vela-Montes" on Justia Law