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STATE v. MEDINA

No. 1 CA-CR 96-0439.

949 P.2d 507 (1997)

190 Ariz. 418

STATE of Arizona, Appellant, v. Eusedio L. MEDINA, Appellee.

Court of Appeals of Arizona, Division 1, Department E.

As Amended May 7, 1997.

Review Denied January 21, 1998.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Diane E. W. Gunnels, Deputy County Attorney, Phoenix, for Appellant.

Dean W. Trebesch, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, for Appellee.

OPINION

KLEINSCHMIDT, Judge.

The Defendant was charged with aggravated driving while under the influence of intoxicating liquor. The trial court dismissed the case with prejudice because it found that the Defendant's right to a speedy trial had been violated. We reverse because the facts of this case do not implicate the right to a speedy trial. Instead, this is a case of preindictment delay, and since the Defendant failed to show actual and substantial...

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