State v. Hope

SANTURRI, THOMAS R., Associate Judge.

The State appeals the trial court’s order granting Appellee’s (Defendant below) Second Amended Motion to Dismiss based upon pre-arrest delay, resulting in a due process violation. The State argues that a due process violation based upon pre-ar-rest delay requires finding substantial prejudice to an accused’s right to a fair trial and finding that the delay was an intentional device used to gain a tactical advantage over the accused. We disagree and affirm.

I. Facts

On October 14, 2010, Defendant was charged by information with sale of a controlled substance,…