State v. Coburn

OPINION

FLORES, Judge.

The State appeals from a district court order dismissing the case with prejudice pursuant to SCRA 1986, 5-604(D) (Repl.1992). The State raises several issues on appeal; however, we combine them and consider whether the failure to timely arraign Defendant permits dismissal of the charges if Defendant is not brought to trial within six months from the latest date that arraignment should have taken place. We conclude that this justification for dismissal, standing alone, is contrary to the plain meaning of the six-month rule and Defendant has not made a showing of prejudice…