State v. Sanchez

OPINION

HAIRE, Chief Judge.

On June 4, 1986, an indictment was returned against appellee David Gonzales *545Sanchez (defendant). On December 29, 1986, the trial court determined that the time limits imposed by Rule 8, Arizona Rules of Criminal Procedure, had been violated and dismissed the charges without prejudice.1 The state has appealed, urging several grounds on which the dismissal was erroneous. The issue we address is whether, when delay occasioned by the defendant occurs on the eve of the expiration of the Rule 8 limits, the amount of time to be excluded in computing those limits includes a…