State v. Avelar

TROUT, Justice.

This is an appeal from a judgment of conviction and sentence after a retrial. The Court of Appeals affirmed the conviction and sentence, and this Court granted review limited solely to the issue presented by the trial court’s denial of appellant’s motion to dismiss. Appellant contends that his right to a speedy trial under Idaho Code § 19-3501 has been violated. We affirm the decision of the district court.

I

BACKGROUND

On November 28, 1989, defendant-appellant Antonio Avelar was charged with delivery of a controlled substance, cocaine. On March 1, 1991, a jury found him guilty,…