Mathews v. State

OPINION

LIVERMORE, Presiding Judge.

On this appeal from the denial of relief in superior court on a special action brought from Tucson City Court, the sole issue is whether the speedy trial time limits of Rule 8, Ariz.R.Crim.Proc., 17 A.R.S., have been exceeded. Essentially, appellant’s position, relying on a dictum in Stone v. Wren, 22 Ariz.App. 165, 525 P.2d 296 (1974), is that any delay caused by him that did not result in an actual delay of the trial date is not excluded time under Rule 8.4(a). We reject this argument. Every defense delay is to be excluded. If the rule were otherwise…