Opinion
No. 22759-2-II.
December 10, 1999
Prior report: 98 Wn. App. 1, 981 P.2d 888.
ORDER AMENDING OPINION
Respondent, State of Washington, moves the court for reconsideration or for clarification of its published opinion filed on July 30, 1999. The court, having reviewed the motion and its opinion, and the record herein, it is hereby
ORDERED that the opinion is amended as follows:
1. In footnote 2, the citation for Fladebo, is corrected to 113 Wn.2d at 394, 779 P.2d 707.
2. The last paragraph on page 5 [Second column, line 4 from bottom of page 890 of 981 P.2d] of the opinion is deleted. The following paragraph is inserted in its place:
If the State demonstrates that it acted in good faith and with due diligence and its reasons were understandable and justified, the speedy trial period accrues from the date of timely arraignment — in this case, September 25, 1997. CrR 3.3(c)(1). But if the trial court finds that the State did not act in good faith or with due diligence, that is, failed to demonstrate that its reasons for the delayed methamphetamine charge were understandable and justified, the speedy trial period for the later filed charge accrues from the time that the defendant is held to answer for any charge with respect to the underlying criminal episode.3 Peterson, 90 Wn.2d at 431, 585 P.2d 66.
Accordingly, it is hereby
SO ORDERED.
We concur: MORGAN, P.J., and SEINFELD, J.