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State V. Burkett

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eBook details

  • Title: State V. Burkett
  • Author : Arizona Court of Appeals
  • Release Date : January 16, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

We hold that the Interstate Agreement on Detainers (IAD), found in Ariz. Rev. Stat. Ann. (A.R.S.) section 31-481 (1986), does not apply to a sentencing detainer and neither does Rule 8.3(a) of the Arizona Rules of Criminal Procedure (Rule). We reverse the trial court, which had granted Defendant's motion to dismiss the indictment on grounds that the State's delay in having Defendant returned to Arizona for sentencing violated both the IAD and Rule 8.3(a). Because Defendant's motion to dismiss raised a constitutional speedy trial issue that the trial court's ruling did not address, we remand for consideration of that issue.


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