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KRISTEK v. STATE

No. 45A03-8812-CR-352.

535 N.E.2d 144 (1989)

James Edward KRISTEK, Plaintiff-Appellant, v. STATE of Indiana, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

March 13, 1989.

Attorney(s) appearing for the Case

Nels A. Kompier, Law Office of C. Jerome Smith, Hammond, Karen Freeman, Deputy Lake County Prosecutor, Crown Point, for plaintiff-appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for defendant-appellee.

GARRARD, Presiding Judge.

Kristek brings this interlocutory appeal to challenge the trial court's refusal to grant his motion to dismiss which was premised upon his constitutional right to a speedy trial.

Kristek was charged with the commission of a robbery alleged to have occurred on December 2, 1980. The information was filed December 15, 1980 but Kristek was not arrested until September 7, 1988. He filed his motion to dismiss with accompanying affidavit...

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