State v. Armenta

OPINION

DONOFRIO, Judge.

This appeal involves an application of the 90-day time limit of Rule 8.2(c), Rules of Criminal Procedure, 17 A.R.S. That rule states that a defendant, not in custody, must be brought to trial within 90 days of his arraignment date after subtracting any excluded periods of time under Rule 8.4. In the instant case appellant’s arraignment was on June 3, 1974, and he was tried before a judge on October -18, 1974, 137 days after arraignment.

Appellant has raised no federal constitutional speedy trial issues in this appeal, therefore the result this Court reaches is based on…