State v. Middleton

James, J.

(dissenting)—For the reasons stated in my dissent in State v. Kray, 31 Wn. App. 388, 389, 641 P.2d 1210 (1982), I respectfully dissent. I would affirm the dismissal as proper under our Supreme Court's interpretation of CrR 3.3 as set forth in State v. Edwards, 94 Wn.2d 208, 616 P.2d 620 (1980).

Reconsideration denied May 19, 1982.

Review by Supreme Court pending December 15, 1982.