State v. Elizondo
In State v. Elizondo, 85 Wn.2d 935, 540 P.2d 1370 (1975), the defendant was arrested on August 22, 1974, when a warranted search of his residence produced methamphetamine and marijuana.
That same day the defendant posted bail and was directed by a police officer to appear in superior court on August 29, 1974, the next scheduled arraignment day. He appeared that day with his attorney, but a deputy prosecutor told the court that he did not think that charges had been filed.
No further proceedings occurred. On December 13, 1974, an information was filed charging the defendant with violation of the Uniform Controlled Substances Act, chapter 69.50 RCW.
The defendant moved for dismissal based on a violation of his CrR 3.3 speedy trial rights, which the trial court denied.
The Court affirmed, holding that the time between August 29 and the filing of the information on December 13 did not count in calculating the time limits of CrR 3.3 because after the defendant appeared in court on August 29 he was no longer subject to any restraint. No charge had been filed.
His bail bond was conditioned upon his appearance at that time and he appeared. Since the court set no further appearance and all conditions of his bail bond had at that time been met, the Court held that his bond was exonerated as a matter of law. Id. at 938.