The opinion
KELLY, J.,
dissenting from the denial of defendant’s petition for rehearing.
I respectfully dissent from the ruling of the majority on the defendant’s petition for rehearing. I would grant the defendant’s petition on the speedy trial issue, and remand to the trial court with directions that the defendant be discharged.
During the pendency of this appeal, the Supreme Court has twice stated that a trial court is “without jurisdiction” to try an accused person in violation of his speedy trial rights under § 18-1-405, C.R.S.1973 (1978 Repl. Vol. 8) or Crim.P. 48(b). See Marquez v. District Court, Colo., 613 P.2d 1302 (1980); Hampton v. District Court, Colo., 605 P.2d 54 (1980). Jurisdictional defects may be raised on appeal, see People v. Hinchman, 196 Colo. 526 , 589 P.2d 917 (1978), cert. denied sub nom., Hinchman v. Colorado, 442 U.S. 941 , 99 S.Ct. 2883 , 61 L.Ed.2d 311 (1979); and, since jurisdiction may not be conferred by consent or waiver, see Evans v. District Court, 194 Colo. 299 , 572 P.2d 811 (1977); Sanchez v. Straight Creek Constructors, 41 Colo.App. 19 , 580 P.2d 827 (1978), the expiration of the speedy trial time in this case mandates the defendant’s discharge.