North Dakota v. Mondragon
Annotate this CaseDavid Mondragon appeals from conditional pleas of guilty to gross sexual imposition and sexual assault. The State filed an information charging Mondragon with class A felony gross sexual imposition and two counts of class C felony sexual assault. Mondragon waived his right to a preliminary hearing and not guilty pleas were entered on all counts. On June 12, 2018, Mondragon filed a request for a speedy trial. At the pretrial conference on July 17, 2018, Mondragon’s counsel suggested a trial date be set “and if we need a continuance, we can request it later.” A trial date was set for August 1, 2, and 3, 2018. Thereafter, in July, August, and December 2018, the State requested three continuances which the district court granted. Mondragon argues the district court erred by granting the State’s requests for continuances, claiming the court denied him his statutory right to a speedy trial. Determining the court's finding of good cause was not arbitrary, unreasonable, or unconscionable, the North Dakota Supreme Court concluded Mondragon’s right to a speedy trial was not violated by the continuances, and affirmed the criminal judgment.
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