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STATE v. HANKERSON

No. 20040099.

122 P.3d 561 (2005)

2005 UT 47

STATE of Utah, Plaintiff and Respondent, v. Enoch HANKERSON, Defendant and Petitioner.

Supreme Court of Utah.

August 5, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Kris C. Leonard, Asst. Att'y Gen., for plaintiff.

Lori Seppi, Heather Johnson, Robert Heineman, Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

DURHAM, Chief Justice:

¶ 1 We granted certiorari in this case to review the court of appeals' denial of a criminal defendant's motion to dismiss pursuant to the state's speedy trial statute, Utah Code Ann. § 77-29-1(4) (2003). We conclude that the court of appeals erred in holding that the defendant's motion to dismiss tolled the speedy trial time limit where the motion did not cause a delay in the trial...

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