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State v. Roy

Court of Appeals of Minnesota

July 23, 2018

State of Minnesota, Appellant,
v.
Jeremy Brian Roy, Respondent.

          Clay County District Court File No. 14-CR-17-1758

          Lori 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 (for respondent)

          Considered and decided by Schellhas, Presiding Judge; Reilly, Judge; and Bratvold, Judge.

         SYLLABUS

         A 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).

          OPINION

          SCHELLHAS, JUDGE.

         Appellant 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.

         FACTS

         On May 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.

         On July 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, 2018.

         At a 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.

         This ...


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