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STATE v. MOORE

Nos. 42707-9-II, 42715-0-II.

314 P.3d 1137 (2013)

STATE of Washington, Respondent, v. Jeffrey S. MOORE, Appellant. State of Washington, Respondent, v. Mario Gadea-Rivas, Appellant.

Court of Appeals of Washington, Division 2.

December 20, 2013.

Attorney(s) appearing for the Case

Chester L. BaldwinIII , Law Office of Chester L. Baldwin, Olympia, WA, Michael R. Frans , Law Office of Michael R. Frans, Burien, WA, for Appellant.

Carol L. La Verne , James Shawn Horlacher , Thurston County Prosecutors Office, Olympia, WA, Luke Hansen , Attorney at Law, Brooklyn, NY, for Respondent.

HUNT, J.

¶ 1 Jeffrey S. Moore and Mario Gadea-Rivas appeal the superior court's affirmance of the district court's denial of their motions to dismiss their driving under the influence (DUI) charges for failure to comply with CrRLJ 3.3 time for trial rules. Both argue that the superior court erred in ruling (1) that the district court's failure to set a timely trial date was cured under CrRLJ 3.3(a)(4); and (2) that Moore's failure to appear at motion hearings...

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