City of Red Lodge v. Pepper
Annotate this CaseDefendant was charged with two counts of theft and two counts of deceptive practices in the City Court of Red Lodge on March 26, 2014. The court ultimately set Defendant’s jury trial for October 31, 2014, nearly one month outside the six-month statutory speedy trial period. Defendant filed a motion to dismiss due to a violation of his statutory speedy trial right. The city court denied the motion, concluding that the speedy trial statute was inapplicable because Defendant had requested a new scheduling order. The court also found good cause. Defendant was subsequently found guilty of one count of deceptive practices. The district court affirmed the city court’s order. The Supreme Court affirmed the city court’s denial of Defendant’s motion to dismiss, holding that because Defendant moved to vacate the scheduling order, which included the trial date, he may not avail himself of the statutory protections afforded by Mont. Code Ann. 46-13-401(2).
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