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STATE v. CLARK

No. 26676.

16 P.3d 931 (2000)

135 Idaho 255

STATE of Idaho, Plaintiff-Respondent, v. Josh M. CLARK, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 2000 Term.

December 28, 2000.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender; David William Simonaitis, Deputy Public Defender, Boise, for appellant. David W. Simonaitis argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

WALTERS, Justice.

Josh M. Clark entered a conditional plea of guilty to a charge of misdemeanor battery, reserving the right to appeal the magistrate's denial of his motion to dismiss the charge. On appeal, Clark asserts that the action should have been dismissed due to the deprivation of his statutory right to a speedy trial. This Court agrees with Clark's position. Accordingly, we reverse the magistrate court's ruling and direct the magistrate to dismiss the charge...

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