State v. Hunter, 227 Ariz. 542

Hunter fled from officers after a traffic stop, driving dangerously and colliding with a school bus,” affecting a large group including children.
In September 2009, Hunter was indicted on multiple counts including endangerment and criminal damage; arraigned Sept 17, 2009.
On Nov 13, 2009, Hunter moved to dismiss several counts and remand others for probable cause under Rules 16.6 and 12.9.
Rule 8.4 sets excludable time for delays caused by defendant actions and remands for probable cause; Rule 8.2 governs speedy-trial deadlines.
Arizona courts disagree on when excludable time begins for Rule 12.9 remands; Sutton held it begins from filing, Harris had previously suggested a different start.
The court ultimately held Sutton controls, no demonstrated prejudice from any delay, and affirmed Hunter’s convictions and sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does excludable time start for Rule 12.9 remand?	Hunter contends excludable time starts when trial court granted Rule 12.9 (Dec 7).	State argues excludable time runs from filing of the Rule 12.9 motion.	Excludable time runs from filing the Rule 12.9 motion (Sutton control).
Did a speedy-trial violation prejudice Hunter?	Hunter argues delay harmed defense.	State contends no prejudice shown.	Prejudice not shown; conviction affirmed.
Was there a Rule 8.2 speedy-trial violation that required reversal?	N/A	N/A	No reversal; harmless delay, convictions affirmed.

State v. Harris, 25 Ariz.App. 76, 541 P.2d 402 (App.1975) (excludable time dispute under Rule 8.4 discussed and overruled by Sutton)
State v. Sutton, 27 Ariz.App. 231, 553 P.2d 1216 (App.1976) (excludable time begins from filing of Rule 12.9 motion)
State v. Johnson, 113 Ariz. 506, 557 P.2d 1063 (1976) (excluded time begins when motion filed)
State v. Landrum, 112 Ariz. 555, 544 P.2d 664 (1976) (competency hearing excluded from filing date)
State v. Brown, 112 Ariz. 401, 542 P.2d 1100 (1975) (excluded time begins when special action filed)
State ex rel. Berger v. Superior Court, 111 Ariz. 335, 529 P.2d 686 (1974) (excluded time begins when motion for change of judge filed)
State v. Nadler, 129 Ariz. 19, 628 P.2d 56 (App.1981) (same rule for exclusion)
State v. Soto, 159 Ariz. 33, 764 P.2d 768 (App.1988) (defense-delay exclusions firmly established)
State v. Vasko, 193 Ariz. 142, 971 P.2d 189 (App.1998) (prejudice required to reverse for speedy-trial violation)
State v. Spreitz, 190 Ariz. 129, 945 P.2d 1260 (1997) (standard of review for Rule 8 rulings)