State v. Clark

WALTERS, Justice.

Josh M. Clark entered a conditional plea of guilty to a charge of misdemeanor battery, reserving the right to appeal the magistrate’s denial of his motion to dismiss the charge. On appeal, Clark asserts that the action should have been dismissed due to the deprivation of his statutory right to a speedy trial. This Court agrees with Clark’s position. Accordingly, we reverse the magistrate court’s ruling and direct the magistrate to dismiss the charge.

FACTUAL AND PROCEDURAL BACKGROUND

This case began on January 10, 1997, when Josh Clark was charged in Boise with misdemeanor…