State v. Hetzel

[¶ 14.] 1. HETZEL’S TRIAL WAS NOT SCHEDULED WITHIN 180 DAYS AFTER HIS FIRST APPEARANCE AS REQUIRED BY SDCL 23A-44-5.1.

[¶ 15.] The majority opinion claims that the 180-day period began on November 18, 1997, when Hetzel appeared for arraignment on the indictment. However, the trial court found that the 180-day period commenced on September 28, 1997, when he “appeared” before the county clerk of courts and was released on bond. I agree with the trial court. Therefore, I dissent.

[¶ 16.] On September 28, 1997, Hetzel was released from custody on bond and required to execute a waiver of his…