State v. Burrus
In State v. Burrus, 151 Ariz. 572, 573, 729 P.2d 926, 927 (App. 1986), the Court confronted a situation in which both Articles III and IV were invoked. 151 Ariz. at 575, 729 P.2d at 929.
The defendant mailed a certified letter to the court and MCAO requesting final disposition of the charges pending against him pursuant to Article III of the IAD. Id.
The State responded and indicated it would accept transfer of the defendant under either Article III or Article IV. Id.
The trial court ultimately found the defendant had been transferred pursuant to Article III and dismissed the case with prejudice for failure to bring him to trial within the 180 day time limit. Id. at 576, 729 P.2d at 930. The Court upheld the trial court's determination that the defendant had been transferred pursuant to Article III, based on our conclusion that the defendant's letter substantially complied with Article III requirements and the State's demonstrated willingness to accept transfer under either Article. Id. at 577-79, 729 P.2d at 931-33.