Commonwealth v. Evans-Smith

By JUDGE JAMES H. CHAMBLIN

This case is before the Court on the Motion of the Defendant for dismissal of the indictment pursuant to Section 19.2-243 of the Code of Virginia. The Court has considered all the memoranda filed by counsel and the oral argument of counsel on March 23, 1989.

For the reasons hereinafter set forth, the Motion is denied.

Because appellate courts look at the record to determine if a defendant has been deprived of the right to *100a speedy trial, Godfrey v. Commonwealth, 227 Va. 460 (1984); Cantwell v. Commonwealth, 2 Va. App. 606 (1986), a trial court must also look at the…