State v. Dalrymple

Full title: STATE of Idaho, Plaintiff-Appellant, v. David Allen DALRYMPLE…

Court: Supreme Court of Idaho

Date published: Jan 30, 1979

589 P.2d 979 (Idaho 1979)

589 P.2d 979

Opinion

No. 12498.

January 30, 1979.

APPEAL FROM DISTRICT COURT, THIRD JUDICIAL DISTRICT, CANYON COUNTY, ROBERT B. DUNLAP, J.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-appellant.

Daniel T. Eismann, Homedale, for defendant-respondent.

Before SHEPARD, C.J., DONALDSON, BAKES and BISTLINE, JJ., and SCOGGIN, J. Pro Tem.

PER CURIAM.

This is an appeal by the State from a district court order dismissing the criminal complaint against the defendant on grounds that he had been denied his right to a speedy trial.

We have reviewed the record in this case and have found no abuse of discretion on the part of the trial court in dismissing the criminal complaint. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972); State v. Lindsay, 96 Idaho 747, 531 P.2d 236 (1975). The order is affirmed.