State v. Hetzel

GILBERTSON, Justice (on reassignment).

[¶ 1.] The trial court dismissed with prejudice the State’s indictment of Christopher Hetzel due to an alleged violation of SDCL 23A-44-5.1 (180-day rule). State appéals and we reverse.

FACTS

[¶ 2.] On September 27,1997, Hetzel was arrested without a warrant on three uniform traffic tickets. He was taken to the Bon Homme county jail and held on a $1,000 cash bond. The tickets charged the offenses of ingestion of a controlled substance (SDCL 22-42-15),1 possession of *868drug paraphernalia (SDCL 22-42A-3),2 and possession of a controlled substance (SDCL…