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Case Number: 2022 OK CR 30
Court: Oklahoma Court of Criminal Appeals on appeal from the District Court of Cleveland County
Plaintiff's Attorney: Cleveland County District Attorney's Office
Description: Norman, Oklahoma criminal law lawyer represented Defendant charged with Count 1: Attempting to Obtain a Controlled Dangerous Substance by Forgery or Fraud, in violation of 63 O.S.2011, § 2-407, a felony; and Count 2: False Reporting of a Crime, in violation of 21 O.S.2011, § 589, a misdemeanor.
In considering the specific facts of this case: the (1) extraordinary delay between the filing of the Information and Raby's arrest; (2) the lack of evidence presented to suggest reasonable actions in bringing Raby to trial, demonstrating negligence on behalf of the State; (3) Raby's timely assertion of her speedy trial rights; and (4) the resulting prejudice, we find Raby's right to a speedy trial was violated.
Outcome: Dismissed for failure to timely prosecute affirmed.