Speedy trial – C.R. 4(B) violation; pro se motion before initial hearing

Holding: Trial court erred in denying Defendant’s motion for discharge after State failed to bring him to trial within seventy days after receiving notice of his properly filed pro se motion for early trial pursuant to Criminal Rule 4(B). Defendant did not request any delays and State’s failure to prosecute him within prescribed 70-day time limit could not be attributed to any action by Defendant. Sheriff’s failure to transport Defendant to trial court for his initial hearing did not fall within one of the exceptions to Criminal Rule 4(B) so to excuse State’s failure to bring him to trial within seventy days. Neither State nor trial court followed procedures outlined in Criminal Rule 4(B) regarding a continuance for congestion of court calendar or an emergency, and no order was issued asserting such congestion or emergency existed. Court acknowledged State’s argument that it allegedly did everything it could to ensure that Defendant received a timely trial, but diligence on part of the State is not a listed exception to Criminal Rule 4(B). Held, judgment reversed.