State v. Rodriquez-Perez

LANSING, Judge.

This appeal presents two issues. First, we must determine whether the State engages in vindictive prosecution, in violation of the Fourteenth Amendment, if a prosecutor carries out a threat made during plea negotiations to obtain a new indictment on a more serious charge if the defendant will not plead guilty to the original charge. The second issue is whether the defendant was denied his statutory and constitutional rights to a speedy trial when a period of more than thirteen months elapsed between his date of arrest and his trial date.

I

THE DUE PROCESS CLAUSE WAS NOT VIOLATED…