State v. Kordonowy

AMUNDSON, Justice.

Russell E. Kordonowy (Kordonowy) appeals his conviction of first offense driving under the influence (DUI), in violation of SDCL 32-23-2, a Class 1 misdemeanor. On appeal, he contends the trial court erred in denying his motion to dismiss based on the running of the 180 day period established by SDCL 23A-44-5.1. We reverse.

FACTS

Kordonowy was arrested and charged with DUI on April 3, 1992. A complaint was subsequently filed on April 13,1992, charging Kordonowy with DUI, and he appeared in magistrate court and requested a preliminary hearing on April 14, 1992. Following the…