State v. Tarkington

OPINION

KLEINSCHMIDT, Judge.

The state appeals the trial court’s order dismissing a driving while intoxicated prosecution based on a violation of Rule 8, Arizona Rules of Criminal Procedure, and Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). The trial court’s dismissal is based upon its interpretation of Rule 8.4(a), Arizona Rules of Criminal Procedure (hereinafter “Rule 8”), that unless a defendant’s absence or inability to be arrested is willful or intentional, no time is excluded in finding a Rule 8 violation. We reverse.

CHRONOLOGY

Appellee Johnie Page Tarkington was indicted by the…