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STATE v. O'NEIL

No. 1507-2.

14 Wn. App. 175 (1975)

540 P.2d 478

THE STATE OF WASHINGTON, Respondent, v. DENNIS O'NEIL, Appellant.

The Court of Appeals of Washington, Division Two.

August 14, 1975.

Attorney(s) appearing for the Case

David D. Cullen (of Mooney, Cullen & Holm), for appellant.

Patrick D. Sutherland, Prosecuting Attorney, and Ed Schaller, Jr., Deputy, for respondent.

BRYAN, A.C.J.*

The sole issue raised on this appeal is whether defendant was denied his constitutional right to a speedy trial because he was not brought to trial within 60 days from his preliminary appearance under CrR 3.3 (c).1 We hold that, under the circumstances of this case, the 90-day rule of CrR 3.3 (b) applies and, therefore, his trial within 76 days of his preliminary appearance satisfied the requirements...

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