State v. Cleary

Dupont, C.P.J.

The issue of this appeal is whether the trial court erred in granting the defendant’s oral motion to dismiss criminal charges pending against him. It is unclear whether the dismissal was grounded upon a violation of the defendant’s constitutional right to a speedy trial or upon the state’s lack of diligence in preparing for trial.

The defendant was arrested on March 16,1981, and charged with robbery in the first degree and with taking a motor vehicle without the owner’s permission. The arrest warrant described a gunpoint robbery of a victim who subsequently identified the…