State v. White

*439Pearson, C.J.

Defendant, Rex White, was brought to trial and convicted of second-degree rape 66 days after his preliminary appearance. Because he was incarcerated during the entire period, he argues his CrR 3.3 right to a trial within 60 days was violated. We are forced to agree and, therefore, reversé his conviction.

To comply with the 60-day rule, defendant should have been tried on or before February 16, 1978. Instead, he was tried on February 22 and 23. The State concedes that CrR 3.3 was not followed,1 but contends defendant waived this violation during arraignment.

The Court: Mr. White, to…