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State v. Kurz

August 17, 2004

STATE OF MINNESOTA, RESPONDENT,
v.
KEVIN PAUL KURZ, APPELLANT.



Mower County District Court. File No. KX-02-820.

Considered and decided by Minge , Presiding Judge; Toussaint , Chief Judge; and Stoneburner , Judge.

SYLLABUS BY THE COURT

The six-month period in which the state has to hold a trial on a criminal defendant's indictment under the Uniform Mandatory Disposition of Detainers Act is tolled by the time reasonably required to consider a defendant's pretrial motion to dismiss for lack of probable cause.

The opinion of the court was delivered by: Minge, Judge

Affirmed

OPINION

Appellant argues that the district court erred in denying his motion to dismiss the charges against him on the ground that, under the Uniform Mandatory Disposition of Detainers Act, the time to prosecute him had expired and the court no longer had jurisdiction. Because the six-month period for prosecution under the Act was tolled by appellant's earlier motion to dismiss for lack of probable cause, we affirm.

FACTS

On May 30, 2002, appellant Kevin Kurz was arrested in Mower County for fleeing a police officer, felony theft, and assisting a theft. On June 6, 2002, appellant was transferred to Rice County authorities to face charges in that county. Appellant remained in the Rice County jail until November 21, 2002, when he was sentenced for the Rice County charges and imprisoned.

While incarcerated in St. Cloud, appellant made a demand under the Uniform Mandatory Disposition of Detainers Act (UMDDA) for a speedy trial on the Mower County complaint. Mower County authorities received his demand on December 17, 2002. On February 26, 2003, respondent state submitted a settlement offer to appellant's counsel. On April 14, 2003, when appellant's counsel failed to respond, the offer was sent directly to appellant. On April 17, 2003, appellant rejected the offer.

On May 2, 2002, a default Mower County omnibus hearing was held. At this hearing, appellant requested a contested omnibus hearing and informed the court that he planned to seek dismissal of the felony-theft charge for lack of probable cause. Appellant filed his motion to dismiss for lack of probable cause on May 6, 2003, and the district court scheduled a contested omnibus hearing for May 27, 2003. On May 15, 2003, respondent filed an amended complaint, dropping the felony-theft charge. On May 27, 2003, appellant withdrew his motion to dismiss, waived the omnibus hearing, and pleaded not guilty to the remaining two counts.

The district court scheduled a pretrial conference for June 27, 2003, and the trial for July 7, 2003. At the June 27, 2003 pretrial conference, appellant moved the court to dismiss the two remaining charges, arguing that the court no longer had jurisdiction because the UMDDA's six-month period for prosecuting him had expired. The district court denied appellant's motion, finding that the UMDDA's six-month deadline was tolled by the 25-day period from May 2 to May 27, 2003, which was needed to consider appellant's motion to dismiss for lack of probable cause. On July 8, 2003, appellant pleaded guilty to fleeing a police officer, and the assisting-theft charge was dismissed. On appeal, appellant argues that his motion to dismiss for lack of probable cause did not toll the six-month period, that the court no longer had jurisdiction of his case after June 18, 2003, and that his conviction is void.

ISSUE

Did appellant's motion to dismiss the complaint for lack of probable cause toll the six-month period under the Uniform ...


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