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STATE v. WAGENMAN

No. 20010686-CA.

71 P.3d 184 (2003)

2003 UT App 146

STATE of Utah, Plaintiff and Appellee, v. Dana WAGENMAN, Defendant and Appellant.

Court of Appeals of Utah.

May 15, 2003.

Attorney(s) appearing for the Case

Shelden R. Carter, Harris & Carter, Provo, for Appellant.

Mark L. Shurtleff, Attorney General, and Kris C. Leonard, Assistant Attorney General, for Appellee.

Before BILLINGS, Associate Presiding Judge, and ORME and THORNE, JJ.

OPINION

THORNE, Judge:

¶ 1 Dana Wagenman appeals the denial of her motion to dismiss criminal charges for failure to prosecute within 120 days of her written demand pursuant to Utah Code Ann. § 77-29-1 (1999). We reverse and remand.

BACKGROUND

¶ 2 On December 26, 2000, police arrested Wagenman for possession of a controlled substance and detained her for a parole violation. On January 18, 2001, Wagenman demanded a 120-day...

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