State v. Lemming

OPINION

KLEINSCHMIDT, Judge.

The State appeals the dismissal with prejudice of two counts of aggravated driving while under the influence of intoxicating liquor (DUI). See Ariz.Rev.Stat. Ann. (A.R.S.) § 13^1032(1). The dismissal was based on the trial court’s finding that the Defendant’s right to a speedy trial had been violated. The issue on appeal is whether the trial court erroneously applied the provisions of Rule 8.2(a), Arizona Rules of Criminal Procedure, to the facts of this case and, if so, whether the dismissal with prejudice was otherwise justified on due process grounds. Because we…