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STATE v. BERRY

No. 10125-1-I.

31 Wn. App. 408 (1982)

641 P.2d 1213

THE STATE OF WASHINGTON, Appellant, v. WILLIAM H. BERRY, Respondent.

The Court of Appeals of Washington, Division One.

March 15, 1982.

Attorney(s) appearing for the Case

David Thiele, Prosecuting Attorney, and David L. Jamieson, Jr., Deputy, for appellant.

Jacqueline Shafer, for respondent.

SWANSON, J.

Once again, we are asked to consider a challenge to the speedy trial rule, CrR 3.3, this time on constitutional grounds.

In this case, the trial court ordered the second degree assault charge filed against William H. Berry dismissed with prejudice because the November 17, 1978, version of CrR 3.3(b)1 violated the equal protection clause of the United States Constitution. The State appeals. Before we discuss this constitutional...

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