State v. Setzer

ARNOLD, Judge.

Twenty-six pretrial motions were filed by the defendant. The court entered its order on these motions on 23 October 1978, the day before defendant’s case was called for trial. Defendant’s motion to dismiss for delay in hearing these motions was denied, and he assigns error to this denial, contending that the delay was intended to hinder him in the preparation of his case.

Only three months elapsed between the filing of the first of the motions and the date the court ruled upon all of them. Defendant has shown no vindictiveness on the part of the District Attorney’s office in not…