State v. Katz

FERGUSON, Judge.

The issue as phrased by the state is whether appellee was entitled to be discharged pursuant to the speedy trial rule where both he and his counsel failed to attend a proceeding where their presence was required, and instead sent a letter to the trial court which clearly indicated their desire not to go to trial at that time.

Appellee was charged by information, filed on April 7, 1978, with burglary of a conveyance and grand theft. On June 12, 1978, the trial court dismissed the information on double jeopardy grounds and extended the speedy trial period “to and including until…