OPINION
CHAVEZ, Judge.
The state appeals the dismissal of the indictment against defendant on the ground that defendant's right to a speedy trial was violated. This case is here, after remand to the district court, to allow defendant to present evidence of prejudice. The third calendar notice proposed summary affirmance of the dismissal. The state has timely filed a memorandum in opposition to the proposal. Not being persuaded, we affirm.
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