State v. Snow

OPINION

LACAGNINA, Chief Judge.

The state appeals from the trial court’s order dismissing two felony drunk driving charges against Kyle Douglas Snow pursuant to Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986), arguing that because the delay resulted from the inability of the state to execute the arrest warrant or serve the summons, such delay was “occasioned by or on behalf of the defendant” and is therefore excludable time under Rule 8.4(a), Ariz.R.Crim.P., 17 A.R.S. We affirm the trial court because we find, upon a review of the record, that the state has not shown that it exercised due…