State v. Rose
State v. Rose
Opinion of the Court
— The question in this case is whether noncompliance with CrR 3.3(f) waives the time limits prescribed by CrR 3.3. The answer is yes.
According to CrR 3.3(c)(2), a superior court must bring an in-custody defendant to trial within 60 days after arraignment, “less time elapsed in district court.” According to the same rule, “time elapsed in district court” commences on the date a complaint is filed in district court and ends with the earlier of an order of dismissal or the filing of an information in superior court.
On September 28, 2000, Wilbert Rose allegedly assaulted and fondled an adult woman. On September 29, 2000, Rose was arrested and jailed. The same day, the State filed a district court complaint charging attempted third degree rape, a gross misdemeanor.
On October 11, 2000, the State filed a superior court information that elevated the charge to indecent liberties, a felony. It asked that the complaint in district court be dismissed without prejudice, and the district court granted its motion.
On October 12, 2000, the superior court appointed counsel and set bail (which Rose never posted). It took a plea of not guilty and scheduled trial for December 4, 2000. It thought that the 60-day period for trial ran until December 12, 2000, for no one informed it that the district court had been holding Rose since September 29, 2000.
On November 30, 2000, Rose filed a written objection to the timeliness of the December 4th trial date. He explains that he had neglected to mention the district court proceedings to his attorney until November 28, but once his attorney knew about those proceedings, the attorney moved promptly. Not coincidentally, the State responds, November
On December 4, 2000, Rose asked the trial court to schedule a hearing at which he could present and argue a motion to dismiss the case. The trial court scheduled a hearing for December 6 and, “based on both attorneys’ trial schedule [s],” rescheduled trial for the same time.
On December 6, 2000, Rose “orally moved to dismiss the case.”
Relying on CrR 3.3(f), the State now appeals. Although it does not claim that Rose was tried within 60 days of arraignment less time elapsed in district court, it does claim that Rose waived his right to claim that the December 4th trial date was not timely.
CrR 3.3(f) provides:
The court shall, within 15 days of the defendant’s actual arraignment in superior court, or at the omnibus hearing, set a date for trial which is within the time limits prescribed by this rule, and notify counsel for each party of the date set. ... A party who objects to the date set upon the ground that it is not within the time limits prescribed by this rule must, within 10 days after the notice is mailed or otherwise given, move that the court set a trial within those time limits. . . . Failure of a party, for any reason, to make such a motion shall be a waiver of the objection that a trial commenced on such date ... is not within the time limits prescribed by this rule.[4 ]
By its terms, CrR 3.3(f) controls this case. The superior court set a trial date of December 4, 2000 while Rose and
Malone supports this result.
An argument made by the defendant in Malone was “that the duty imposed upon defense counsel to disclose speedy trial facts to the court should be imposed on the prosecution as well.”
Based on this language from Malone, the trial court in this case seems to have reasoned: (1) that the State has a duty to disclose district court proceedings when the State has “superior knowledge” thereof; (2) that a breach of that duty obviates the provisions of CrR 3.3(f); and (3) that the State “had superior knowledge” in the present case.
Reversed and remanded for further proceedings.
Armstrong, C.J., and Hunt, J., concur.
Review denied at 147 Wn.2d 1016 (2002).
Clerk’s Papers (CP) at 56. It appears that this two-day delay was ordered with the concurrence of both parties. Neither argues that it is significant here.
CP at 56.
State v. Malone, 72 Wn. App. 429, 864 P.2d 990 (1994).
CrR 3.3(f)(l).
Malone, 72 Wn. App. at 436.
Malone, 72 Wn. App. at 436.
Malone, 72 Wn. App. at 437 (quoting ABA, Standards For Criminal Justice std 12.8 cmt. at 12.9-12.10 (2d ed. (1980)).
Malone, 72 Wn. App. at 437.
CP at 57.
Reference
- Full Case Name
- The State of Washington v. Wilbert Rose
- Cited By
- 1 case
- Status
- Published