STATE v. ARMENTA

No. 1 CA-CR 989.

25 Ariz. App. 62 (1975)

540 P.2d 1281

STATE of Arizona, Appellee, v. Ernest Perez ARMENTA, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

October 7, 1975.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, Galen H. Wilkes, Asst. Attys. Gen., Phoenix, for appellee.

Derickson & Kemper, by James Hamilton Kemper, Phoenix, for appellant.


OPINION

DONOFRIO, Judge.

This appeal involves an application of the 90-day time limit of Rule 8.2(c), Rules of Criminal Procedure, 17 A.R.S. That rule states that a defendant, not in custody, must be brought to trial within 90 days of his arraignment date after subtracting any excluded periods of time under Rule 8.4. In the instant case appellant's arraignment was on June 3, 1974, and he was tried before a judge on October 18, 1974, 137 days after arraignment...

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