People v. Gallegos

The People appeal from the judgment of the district court dismissing the criminal charges 1 against defendant Roger Roland Gallegos because he was not brought to trial within six months of his arraignment as required by section 18-1-405, C.R.S. 1973, and Crim. P. 48(b). We affirm.

Shortly after defendant’s trial was set, the trial court realized that it had set the trial date beyond the six-month period. The trial court contacted the defendant about this and the filing of a speedy trial waiver was mentioned. No further action was apparently taken by either the district attorney or the trial…