State v. Armstrong

OPINION

FIDEL, Judge.

The state appeals from the trial court’s order dismissing two felony drunk driving charges against Robert Lee Armstrong pursuant to Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). The trial court declined to exclude from its calculation of elapsed time the delay that resulted from the inability of the state to serve defendant with the summons. The state argues that this time should have been excluded under Rule 8.4(a), 17 A.R.S. Arizona Rules of Criminal Procedure, because the state’s service effort met the standard of due diligence. We affirm the trial court…