Holmes v. State

I agree with the majority opinion and its application of Ark. R. Crim. P. 28 to this case. See Lark v. State, 276 Ark. 441, 637 S.W.2d 529 (1982) (proper to look to Rule 28.3 for guidance in computing excludable periods in revocation cases). In addition, I agree with the trial court’s statement that the 60-day limitation period should not start to run until the date the appellant was rearrested on September 2, 1989. The court said it was not going to count any time before September 2 because it was appellant’s own conduct that caused the delay.

We held in Phillips v. State, 17 Ark. App. 86,…