State v. ChristensenAnnotate this Case
Defendant was charged with misdemeanor DUI in city court. After the prosecution discovered Defendant had three prior DUIs, the city court transferred the case to the district court but failed to dismiss the misdemeanor. Thereafter, Defendant moved to dismiss on the basis that the misdemeanor was not brought to trial within six months of arraignment. The city court denied Defendant’s motion, concluding that there was no speedy trial violation because the case had been transferred to the district court. The State subsequently charged Defendant with felony DUI, and the city court dismissed the misdemeanor charge. Defendant argued that the city court erred when it denied his motion to dismiss. The district court agreed that the prosecution failed to follow the proper procedure when it transferred the case from city court to district court but concluded that the procedural flaw did not affect Defendant’s rights. The Supreme Court affirmed but on different grounds, holding that Defendant suffered no violation of his right to a trial within six months of arraignment because he moved for a postponement of the original trial date.