State v. Dreher
717 P.2d 1053
Kan.,1986.

Defendant was charged with driving under influence of alcohol or drugs and failing to give signal when making turn. The District Court, Shawnee County, William Randolph Carpenter, J., dismissed the charges for lack of speedy trial and State appealed. The Supreme Court, Herd, J., held that defendant was denied speedy trial, though defendant's request for jury trial necessitated continuance, in that trial court could still have set new trial date within 180-day statutory period because 60 some days remained within period on date of defendant's request.
Affirmed.

**1054 *259 Syllabus by the Court

1. The burden of bringing an accused to trial within the allotted time is on the State. A defendant is not required to take any affirmative action to see that his right is observed.
2. Delays which are caused by the application or fault of the defendant are not to be counted in computing the amount of time between arraignment and trial.
3. Any additional period of time assessed against a defendant due to the necessity of rescheduling a trial because of his fault should be limited to a reasonable time measured by the particular circumstances of the case.