Appeal from Superior Court of Adams County. Docket No: 94-1-00033-1. Date filed: 01/23/95. Judge signing: Hon. Richard W. Miller.
Petition for Review Denied September 3, 1997,
Authored by John A. Schultheis. Concurring: Frank L. Kurtz, Stephen M. Brown.
The opinion of the court was delivered by: Schultheis
SCHULTHEIS, A.C.J. During a traffic stop, police found drugs, drug paraphernalia and drug packaging materials in Rickey Wilks's vehicle and on his person. After denying Mr. Wilks's motions to suppress and to dismiss for violation of the speedy trial rule, the court found him guilty as charged of possessing methamphetamine with intent to manufacture or deliver and possessing more than 40 grams of marijuana, and not guilty of possessing marijuana with intent to manufacture or deliver. On appeal, Mr. Wilks contends the court should have suppressed all the evidence because it was obtained as the result of an illegal seizure of his passenger and should have dismissed the case because he was not timely brought to trial under the speedy trial rule. He also contends the marijuana conviction is not supported by the evidence. Because we agree the State's failure to bring Mr. Wilks to trial in compliance with CrR 3.3 requires dismissal of the charges against him, we do not reach the other issues.
The essential facts are contained in the following procedural time line:
April 18, 1994 - Mr. Wilks was arraigned and released.
April 19 - The court assigned June 21 as the trial date.
May 23 - The court heard and denied Mr. Wilks's suppression motion.
June 20 - The court signed an indigency order so that Mr. Wilks could seek discretionary review of the suppression ruling.
June 21 - The case was not called for trial.
July 18 - The last day for trial under the CrR 3.3 90-day speedy trial rule (i.e., the Monday following the 90th day, a Sunday).
- The State filed the court's findings of fact and Conclusions of law on the suppression motion.
--Mr. Wilks filed notice of discretionary review and personally served the ...