Opinion
No. 45106.
March 9, 1978.
Nature of Action: Prosecution for grand larceny by fraud.
Superior Court: The Superior Court for Spokane County, No. 24534, Del Cary Smith, Jr., J., on September 21, 1976, dismissed the charge for failure to observe the 90-day time limit of CrR 3.3(b).
Supreme Court: The dismissal is affirmed on the basis of the court's previous holding that the speedy trial time limit commences to run at the time the information is filed.
Donald C. Brockett, Prosecuting Attorney, and Fred J. Caruso, Deputy, for appellant.
Richard L. Cease, Public Defender, and Richard F. Ayres, Jr., Assistant, for respondents.
On April 28, 1976, an information was filed charging the defendants with grand larceny — fraud. On September 21, 1976, finding no waiver by defendants, the trial court dismissed the charge for failure to observe the 90-day time limit under CrR 3.3(b). On December 16, 1976, in State v. Striker, 87 Wn.2d 870, 557 P.2d 847 (1976), we held the CrR 3.3(b) time began to run upon the filing of the information.
Plaintiff persuades us neither that State v. Striker, supra, can be distinguished nor that we should change our position in that case.
Affirmed.
WRIGHT, C.J., and ROSELLINI, HAMILTON, STAFFORD, UTTER, BRACHTENBACH, HOROWITZ, and HICKS, JJ., concur.