Wednesday, April 23, 2014

Summary 2014 WY 53

Summary of Decision April 23, 2014

Justice Hill delivered the opinion of the Court. Affirmed.


Docket Number: S-13-0084


Appeal from the District Court of Carbon County, the Honorable Wade E. Waldrip, Judge

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; and David E. Westling, Senior Assistant Appellate Counsel. Argument by Mr. Westling.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; and Jennifer Zissou, Assistant Attorney General. Argument by Ms. Zissou.

Date of Decision: April 23, 2014

Facts: Rene Vargas was found guilty of two counts of conspiracy to deliver a controlled substance and two counts of conspiracy to take a controlled substance into a state penal institution. On appeal he contends that his right to speedy trial was violated and that the district court abused its discretion when it denied his motion to continue.

Issues: 1) Was Mr. Vargas denied a right to a speedy trial due to the fact that the time between his arraignment and trial was 201 days, in violation of the protections afforded by W.R.Cr.P. 48? 2) Did the trial court abuse its discretion by denying Mr. Vargas’s motion for continuance without good cause and thereby denying Mr. Vargas an opportunity to prepare for trial?

Holdings/Conclusion: Vargas’s right to speedy trial was not violated under the constitution or W.R.Cr.P. 48. Also, the district court did not abuse its discretion when it denied Vargas’s motion for continuance. We affirm.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

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