State v. Henderson

(dissenting)—Reluctantly, I must dissent because although I believe there is sufficient evidence of guilt, I cannot excuse the failure to comply with CrR 3.3.

The question before the court is whether the prosecution has exercised due diligence.

In State v. Sulgrove, 19 Wn. App. 860, 578 P.2d 74 (1978), the State sought two successive 1-day continuances to marshal admissible evidence. The continuances would have placed the trial 1 day beyond the CrR 3.3 limit. The trial court denied the request and dismissed the case on the *194basis of CrR 8.3(b).7 On appeal, the court concluded that prosecutorial…