State v. Washington

WELLS, Judge.

By his first assignment of error, defendant contends that Judge Johnson erred in granting defendant a dismissal without prejudice for the State’s failure to comply with the Speedy Trial Act because he failed to establish in the record that he had considered the factors set out by the legislature as those the court must consider in deciding whether to dismiss a case with or without prejudice. G.S. 15A-703(a) provides, in part:

*492In determining whether to order the charge’s dismissal with or without prejudice, the court shall consider, among other matters, each of the following…