State v. DeLong

Howard, J. *

The defendant, John Joseph DeLong, was charged and ultimately convicted of a violation of RCW 74.08.055, willfully subscribing to an application for public assistance which he did not believe to be true. A motion to dismiss was made for failure to comply with CrR 3.3 1 and to try the defendant within 90 days of his first court appearance. Defendant’s motion was denied and this appeal resulted.

It is undisputed that defendant’s trial was 118 days after his first court appearance. Accordingly, defendant’s motion must be granted unless defendant has waived his right to a speedy trial…