Mamula v. People

The majority, as did the court of appeals, holds that under the circumstances of this case the trial court erred in not finding that the petitioner abandoned his Crim.P. 35(b) motion as a matter of law. Maj. op. at 1137. The trial court concluded that under the circumstances of this case its delay in ruling on the petitioner’s Crim.P. 35(b) motion was reasonable. Because I find the trial court's ruling to be well within its discretion, and because the record precludes any conclusion, as a matter of fact or of law that the petitioner abandoned his Crim.P. 35(b) motion, I respectfully dissent.

It…