State v. Martinez
This text of 2022 ND 21 (State v. Martinez) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT JANUARY 21, 2022 STATE OF NORTH DAKOTA
IN THE SUPREME COURT STATE OF NORTH DAKOTA
2022 ND 21
State of North Dakota, Plaintiff and Appellee v. Wayne Herbert Martinez, Defendant and Appellant
No. 20210207
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable John W. Grinsteiner, Judge.
AFFIRMED.
Per Curiam.
Paul E. Jensen, Assistant State’s Attorney, Mandan, ND, for plaintiff and appellee.
Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant. State v. Martinez No. 20210207
[¶1] Wayne Herbert Martinez appeals from a criminal judgment in which he was found guilty of aggravated assault. Martinez argues his constitutional right to a speedy trial was violated. Martinez did not move to dismiss the criminal complaint. A defendant who fails to move to dismiss based on a speedy trial violation and submits to trial forfeits their claim asserting a violation of their right to a speedy trial. See State v. Jensen, 2021 ND 119, ¶¶ 14-17, 962 N.W.2d 393; State v. Hamre, 2019 ND 86, ¶¶ 6, 14-15, 924 N.W.2d 776; Koenig v. State, 2018 ND 59, ¶¶ 2, 14-24, 907 N.W.2d 344. After a review of the arguments properly presented on appeal, we summarily affirm under N.D.R.App.P. 35.1(a)(7).
[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte
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Cite This Page — Counsel Stack
2022 ND 21, 969 N.W.2d 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martinez-nd-2022.