State v. Edwards

WHICHARD, Judge.

G.S. 15A-703 imposes on a defendant charged with a criminal offense the burden of proof in supporting a motion to dismiss for failure to comply with the time limits for trial specified by G.S. 15A-701. It gives the State, however, “the burden of going forward with evidence in connection with excluding periods from computation of time in determining whether or not the time limitations ... have been complied with.” G.S. 15A-703.

In State v. Rogers, 49 N.C. App. 337, 271 S.E. 2d 535 (1980) (filed simultaneously herewith) the trial court conducted a hearing on the defendant’s…