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No. 89-353
IN THE SUPREME COURT OF THE STATE OF MONTANA

1989
STATE OF MONTANA, Plaintiff and Respondent, -vs-THOMAS LELAND CRANE, Defendant and Appellant.
APPEAL FROM: District Court of the Seventh Judicial District,
In and for the County of Dawson,
The Honorable Roy Rodeghiero, Judge presiding.

COUNSEL OF RECORD:

For Appellant:

Russell D. Yerger; Kurt W. Kroschel & Associates, Billings, Montana
For Respondent:

Hon. Marc Racicot, Attorney General, Helena, Montana
John Paulson and Kathy Seeley, Asst. Attys'. General
Richard A. Simonton, Dawson County Attorney; Marvin
Hone, Deputy Co. Atty., Glendive, Montana

F-
Submitted on Briefs: Nov. 2, 1989 Decided: December 12, 1989
Filed: W
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Justice John Conway Harrison delivered the Opinion of the
Court.

This is an appeal from the District Court of the Seventh Judicial District, Dawson County, Montana. The appellant, Thomas Leland Crane, was arrested on January 17, 1988, for violation of S 61-8-401, MCA, driving under the influence of alcohol, third offense, a misdemeanor. On January 19, 1988, the appellant appeared before the Glendive
City Judge and pled not guilty to the charge. After numerous
delays and continuances attributable to both the appellant

and the State, the appellant was tried in District Court on
March 3, 1989, found guilty by a jury and sentenced on April
14, 1989. The appellant now appeals his conviction, his
judgment and execution of sentence being stayed pending his
appeal to this Court. We affirm.

After appellant's arrest and initial appearance in
Justice Court, an information charging him with driving under
the influence (DUI), third offense, was filed in the District
Court on January 26, 1988. The appellant made his initial
appearance with his defense attorney, Jerry D. Cook. On
February 10, 1988, following an omnibus hearing before
District Court Judge Dale Cox, trial was set for April 5,
1988. On April 4, 1988, Judge Cox entered an order, sua
sponte, vacating the April 4, 1988 date and resetting it for
April 20, 1988. On April 13, 1988, the State moved for a
continuance of the April 20, 1988 trial date because the
arresting officer was not available to testify until June 17,
1988. The State specifically requested that the court set
the trial date after June 17, 1988 but before July 17, 1988,
so the six-month statute of limitations would not be

exceeded. Upon oral order of the District Court on April 27,
1988, appellant's jury trial was set for June 28, 1988.

On June 22, 1988, the appellant, through his attorney,
Mr. Cook, filed a "Motion for Continuance and Waiver of
Speedy Trial." Mr. Cook moved the court for a continuance of
the June 28, 1988, trial date because he had another trial
scheduled for that date. The motion further stated that
"Defendant herein specifically waives any objection to speedy
trial." On June 29, 1988, the court set August 4, 1988 as
appellant's trial date.

Prior to August 4, 1988, the deputy county attorney and
Mr. Cook orally agreed that the appellant would plead guilty
to the charge after December 12, 1988. The agreement to
allow a delayed guilty plea was designed to benefit the
appellant because after December 12, 1988, more than five
years would have elapsed since appellant's first DUL
conviction. The deputy county attorney and defense counsel
believed this would reduce the administrative penalties the
appellant faced.

The record indicates nothing further happened in the
case until January 4, 1989, when the appellant filed a
Substitution of Counsel, Consent and Notice substituting
attorney, Russell Yerger, for Jerry Cook.

On January 11, 1989, at the State's request, the trial
judge set February 3, 1989 as appellant's date for his jury
trial. The record indicates through a minute entry made on
February 1, 1989, that "Due to severe weather conditions and
at the request of defense counsel" the trial was vacated and
continued to March 3, 1989. Prior to jury trial, which was
held March 3, 1989, the appellant's counsel filed a "Motion
for Substitution of District Judge;" "Motion to Dismiss for
Lack of Speedy Trial;" and moved for a continuance of the
trial date until a decision on his motion to dismiss was
entered and filed. Judge Roy E. Rodeghiero assumed
jurisdiction on February 23, 1989, heard and denied the

appellant's motion to dismiss on March 1, 1989, and heard and
denied the appellant's renewed motion to dismiss on March 3,
1989. On March 3, 1989, the jury found the appellant guilty
of the offense of DUI, a misdemeanor.

The sole issue before this Court is whether the
District Court erroneously denied the appellant's motion to
dismiss for lack of speedy trial.

Appellant argues that every person accused of a crime is guaranteed the fundamental right to a speedy trial by the Sixth Amendment to the United States Constitution, which is made applicable to the States by virtue of the Fourteenth Amendment. State v. Chavez (1984), 213 Mont. 434, 691 P.2d 1365. This right in Montana is also secured by Sec. 24, Art. 11, of the Montana Constitution. State v. Ackley (1982), 201 Mont. 252, 653 P.2d 851. When considering misdemeanor charges, such as the charge aqainst the appellant here, these constitutional requirements are implemented by

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