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STATE v. GREGER

No. 18510.

521 N.W.2d 138 (1994)

STATE of South Dakota, Plaintiff and Appellant, v. Fred GREGER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 7, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Thomas E. Alberts, Avon, for defendant and appellee.

PER CURIAM.

South Dakota law provides that criminal defendants must be brought to trial within one hundred eighty days from the date of their first appearance before a judicial officer on an indictment, information or complaint. SDCL 23A-44-5.11. In this decision, we hold that the trial court erred in determining that magistrate courts have no jurisdiction to enter orders tolling the one hundred...

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