STATE v. MARTINEZ (2022)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Wayne Herbert MARTINEZ, Defendant and Appellant

No. 20210207

Decided: January 21, 2022

Paul E. Jensen, Assistant State's Attorney, Mandan, ND, for plaintiff and appellee. Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant.

[¶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).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte

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