Abernathy v. State

Colleen M. Abernathy appeals from a Thurston County Superior Court order which denied relief on certiorari from a speedy trial ruling in district court.

JCrR 3.08 requires that a district court prosecution be dismissed if not brought to trial within 60 days of a defendant's "appearance." The only issue in this appeal is when defendant "appeared" for purposes of that rule. We reverse, for the reasons stated below.

The facts are agreed.

*1801. On October 15, 1977, defendant was arrested for driving under the influence of alcohol. The arresting officer gave her a uniform citation form and she was…