STATE v. WHITE

No. 3439-2.

23 Wn. App. 438 (1979)

597 P.2d 420

THE STATE OF WASHINGTON, Respondent, v. REX CHARLES WHITE, Appellant.

The Court of Appeals of Washington, Division Two.

May 31, 1979.


Attorney(s) appearing for the Case

John Henry Browne and John W. Wolfe, for appellant.

Grant S. Meiner, Prosecuting Attorney, and Kenneth L. Cowsert, Deputy, for respondent.


PEARSON, C.J.

Defendant, Rex White, was brought to trial and convicted of second-degree rape 66 days after his preliminary appearance. Because he was incarcerated during the entire period, he argues his CrR 3.3 right to a trial within 60 days was violated. We are forced to agree and, therefore, reverse his conviction.

To comply with the 60-day rule, defendant should have been tried on or before February 16, 1978...

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