McCutcheon v. SUPERIOR COURT OF STATE

CAMERON, Justice.

This is a special action brought in response to the trial court’s denial of defendant’s motion for dismissal of an indictment. We have jurisdiction pursuant to art. 6, § 5(1) of the Arizona Constitution.

We must decide two questions:

1. Did the delay in bringing defendant to trial violate Rule 8 of the Arizona Rules of Criminal Procedure, 17 A.R.S.?

2. Did the delay violate the sixth amendment to the United States Constitution speedy trial requirement?

The facts are not in dispute. On 1 May 1984, defendant was arrested for the armed robbery and kidnapping of patrons of a Phoenix…