State v. Avery

EAGLES, Judge.

Defendant assigns as error the trial court’s conclusion that as a matter of law the North Carolina Speedy Trial Act, G.S. 15A-701 et seq., did not apply to resentencing delays and that the defendant’s constitutional rights were not violated by the delay. We find no prejudicial error.

We note that the Speedy Trial Act, G.S. 15A-701 et seq., created “new rights, supplemental to the speedy trial rights existing under the Sixth Amendment to the United States Constitution.” State v. Reekes, 59 N.C. App. 672, 677, 297 S.E.2d 763, 766, cert. denied, 307 N.C. 472, 298 S.E.2d 693 (1982).…