Objection to Hearing Date (IRLJ 2.6 (d)) served on the prosecutor and filed with the court. Hearing is tomorrow afternoon. I believe I will be called up and sworn in, and at that time I will motion for dismissal.
Made my motion to dismiss based upon IRLJ 2.6 (f), the Judge (Larson) was a bit confused and came to the conclusion that the court was too efficient in issuing my hearing date. We bantered back and forth a bit, until he realized he was becoming an advocate. At that time he asked if we could recess and have the prosecutor come down. I said ok, allthough I do not believe that was the fair thing to do as the Judge believed that the PA could ask for a continuance.
Waited for the PA and had a conference off the record in the probation room. The PA agreed with me that the hearing fell outside of the dates and that this was a 'shall' dismiss. He conceded the point to me and we went back into see the judge.
The Judge had reread 2.6 and also came to the same conclusion.
p.s. The PA noticed my empty holster and we had a brief conversation about open carry.
Winner winner chicken dinner!
Dude! I work about a mile from you -- over on West Valley Hwy.