Respondent's Brief - Washington State Courts

CrR3.3( b)( 1).
ii) the time specified under subsection (b)( 5).
Although CrR 33 "protect[s] a defendant's constitutional right to a
speedy trial," State v. Kenyon, 167 Wn.2d 130, 136, 216 P.3d 1024
2009), the " constitutional right to a speedy trial does not mandate trial
within 60 days," State v. Torres, I I I Wn. App, 323, 330, 44 P.3d 903
2002). State v. Silva, 72 Wn, App. 80, 863 P,2d 597 (1993),
Indeed, "[u]nder CrR 3.3( c) certain periods are excluded when
computing the time for a speedy trial." Kenyon, 167 Wn.2d at 136.
Continuances" or "[d]elay granted by the court pursuant to section (f),"
are among the excluded periods. CrR3.3( e)( 3).
CrR 3.3( f) provides that
Continuances or other delays may be granted as
follows:
1) Written Agreement. Upon written agreement of
the parties, which must be signed by the defendant or all the
defendants, the court may continue the trial date to a
specified date.
2) Motion by the Court or a Party. On motion of
the court or a party, the court may continue the trial date to
a specified date when such continuance is required in the
administration ofjustice and the defendant will not be
prejudiced in the presentation of his or her defense. The
motion must be made before the time for trial has expired.
The court must state on the record or in writing the reasons
for the continuance. The bringing ofsuch a motion by or
on behalfofany party waives that party's objection to the
requested delay.
37 - optest-prosm isoptrial-mcdan iel. doc