County District Court File No. 14-CR-17-1758
Swanson, Attorney General, St. Paul, Minnesota; and Brian J.
Melton, Clay County Attorney, Michael D. Leeser, Assistant
County Attorney, Moorhead, Minnesota (for appellant)
Cathryn Middlebrook, Chief Appellate Public Defender, St.
Paul, Minnesota; and Melvin R. Welch, Special Assistant
Public Defender, Welch Law Firm, LLC, Minneapolis, Minnesota
Considered and decided by Schellhas, Presiding Judge; Reilly,
Judge; and Bratvold, Judge.
defendant's motion to dismiss a complaint for lack of
probable cause tolls the 180-day speedy-trial period under
the Interstate Agreement on Detainers, Minn. Stat. §
629.294, subd. 1, art. III(a) (2016).
challenges the dismissal of a complaint for violation of the
180-day speedy-trial period under the Interstate Agreement on
Detainers, Minn. Stat. § 629.294, subd. 1, art. III(a),
arguing that respondent's conduct in moving for dismissal
of the complaint tolled the 180-day speedy-trial period, and
that the district court denied appellant due process by
dismissing the complaint without affording it notice and an
opportunity to be heard. We agree and reverse and remand.
22, 2017, appellant State of Minnesota charged respondent
Jeremy Roy with two counts of fifth-degree
controlled-substance possession under Minn. Stat. §
152.025, subd. 2(1) (2016). The district court released Roy
on bail after his first court appearance. Roy failed to
appear at his omnibus hearing on June 15 because North Dakota
authorities had detained him for an alleged probation
violation in connection with an offense committed in North
Dakota. Due to Roy's nonappearance, the district court
revoked his bond and issued a warrant for his arrest.
3, 2017, Roy filed a Detainer Disposition Request under the
Interstate Agreement on Detainers (AID), Minn. Stat. §
629.294, subd. 1, art. III(a), to require the state to bring
him to trial within 180 days. On August 17, the state
accepted temporary custody of Roy from North Dakota
authorities. On October 23, Roy filed a motion to dismiss for
lack of probable cause, and the district court denied the
motion on December 5. At a December 7 pretrial hearing, Roy
pleaded not guilty and demanded a speedy trial. Without
objection by Roy, the court set a trial date of January 9,
January 4, 2018 settlement conference with the district
court, Roy asked the court to maintain the January 9 trial
date. The court then sua sponte dismissed the complaint with
prejudice on the basis that more than 180 days had elapsed
since Roy filed his Detainer Disposition Request, and that
the IAD therefore required that Roy be returned to North
Dakota as soon as practicable. The state immediately
requested reconsideration and a stay of the dismissal. The
court took no action on the state's request.