State v. Mercer

SILBERMAN, Chief Judge.

The State appeals an order discharging Denice Mercer based on a violation of the speedy trial rule. Mercer filed a motion for discharge after the State nolle prossed a misdemeanor petit theft charge in county court and filed a felony petit theft charge based on the same conduct in circuit court. The circuit court determined that the State violated the speedy trial rule by failing to provide Mercer notice of the felony charge prior to the expiration of the misdemeanor speedy trial period. We reverse.

On October 15, 2010, Mercer was arrested for shoplifting at Walmart and…