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STATE v. RASCHKA

No. 21417-6-III.

100 P.3d 339 (2004)

STATE of Washington, Respondent, v. Franklin John RASCHKA, Appellant.

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

November 9, 2004.

Attorney(s) appearing for the Case

Dan K. Connolly, Okanogan, WA, for Appellant.

Karl F. Sloan, Stephen M. Bozarth, Okanogan, WA, for Respondent.

SCHULTHEIS, J.

A criminal defendant charged in superior court and not in custody must be tried within 90 days unless time is excluded or extended by rule. Former CrR 3.3(c)(1) (2001). Franklin Raschka waived speedy trial up to a certain date as allowed by court rule, but he was not brought to trial before the expiration of the speedy trial waiver. The time for trial was not interrupted and re-set by a failure to appear under former CrR 3.3(d)(2) (2001). We therefore...

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