State v. Duncan

Defendant appealed his conviction for driving under the influence and following too closely, rendered after a jury trial. Defendant argued that the circuit court erred when it denied his motion to dismiss for the State’s failure to bring him to trial within 180 days under S.D. Codified Laws 23A-44-5.1. The Supreme Court affirmed, holding that the circuit court did not err when it denied Defendant’s motion to dismiss because (1) a constructive appearance before a judicial officer does not constitute a first appearance under the statute; and (2) under the facts of this case, the State did not violate the 180-day rule. View "State v. Duncan" on Justia Law