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STATE v. HESSLER

No. 22424-4-III.

98 P.3d 64 (2004)

123 Wash.App. 200

STATE of Washington, Appellant, v. Dale Arnold HESSLER, Respondent.

Court of Appeals of Washington, Division 3, Panel Nine.

September 16, 2004.

Attorney(s) appearing for the Case

Kevin M. Korsmo, Andrew J. Metts, Deputy Prosecuting Attorneys, Spokane, WA, for Appellant.

Nancy P. Collins, Washington Appellate Project, Seattle, WA, for Respondent.

SWEENEY, J.

To trigger the requirement of due diligence by the State in bringing a criminal defendant before the court, the defendant must establish that he was amenable to process. In 2003 the State prosecuted Dale A. Hessler for first degree theft allegedly committed in 1996. The State filed a complaint in district court in 1998. Mr. Hessler lived in Minnesota from 1996 to 2002. He made no showing that he was amenable to process. The trial court nevertheless dismissed...

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