State v. Wagenman

OPINION

THORNE, Judge:

¶ 1 Dana Wagenman appeals the denial of her motion to dismiss criminal charges for failure to prosecute within 120 days of her written demand pursuant to Utah Code Ann. § 77-29-1 (1999). We reverse and remand.

BACKGROUND

¶ 2 On December 26, 2000, police arrested Wagenman for possession of a controlled substance and detained her for a parole violation. On January 18, 2001, Wagenman demanded a 120-day disposition of her case pursuant to Utah Code Ann. § 77-29-1 (1999). The request was received by the Division of Institutional Operations (DIO) on February 1. The DIO mailed a…