STATE v. SCROGGIE

No. 16892.

755 P.2d 485 (1988)

114 Idaho 188

STATE of Idaho, Plaintiff-Respondent, v. Jesse Earl SCROGGIE, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied June 30, 1988.


Attorney(s) appearing for the Case

Jonathan W. Cottrell, Sandpoint, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent.


PER CURIAM.

Idaho Code § 19-3501(2) provides that, absent a showing of good cause to the contrary, a criminal prosecution must be dismissed when the defendant is not brought to trial within six months from the date the indictment or information is filed (unless the trial is postponed upon application of the defendant). The instant case raises the question whether I.C. § 19-3501(2) applies to the retrial of an action following remand upon an appeal...

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