State v. Marlow

WELLS, Judge.

Defendant contends he was denied his statutory right to a speedy trial and that his trial was improperly joined for trial with defendant Tena Marion.

G.S. 15A-701(al)(l) required that defendant’s trial begin within the 120 days of the date of his indictment. G.S. 15A-701(b)(6) allows the trial court to exclude from the 120 day period, “[a] period of delay when the defendant is joined for trial with a co-defendant as to whom the time for trial has not run and no motion for severance has been granted.” The period may not be excluded unless the co-defendants were formally joined.…