State v. Martinez ( 2022 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
JANUARY 21, 2022
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2022 ND 21State of North Dakota, Plaintiff and Appellee
v.
Wayne Herbert Martinez, Defendant and Appellant
No. 20210207
Appeal from the District Court of Morton County, South Central Judicial
District, the Honorable John W. Grinsteiner, Judge.
AFFIRMED.
Per Curiam.
Paul E. Jensen, Assistant State’s Attorney, Mandan, ND, for plaintiff and
appellee.
Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant.
State v. Martinez
No. 20210207
Per Curiam.
[¶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).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1