People v. Murphy

This is an appeal by the district attorney who challenges the trial court’s dismissal of burglary and theft charges against defendant Murphy. The basis for dismissal was the trial court’s finding that the trial of the defendant was delayed for more than one year and that Crim. P. 48(b) thus required dismissal.

In pertinent part, Crim. P. 48(b) provides:

“. . . If the trial of a defendant is delayed more than one year after the trial court obtains jurisdiction over the person of the defendant, unless the delay is occasioned by the action or request of the defendant or except that time consumed…