Alter v. State

OPINION

SULLIVAN, Judge.

Appellant-Defendant, Stephen Alter, appeals following his convictions and sentence for Residential Entry as a Class D felony, 1 Possession of a Controlled Substance as a Class D felony, 2 and Possession of a Legend Drug as a Class D felony. 3 Upon appeal, Alter claims the trial court erred in denying his motion for discharge pursuant to Indiana Criminal Rule 4(C).

We reverse and remand.

Alter was charged on July 12, 2004 with burglary, possession of a schedule III drug, and possession of a legend drug. At a July 14, 2004 initial hearing, the trial court set the case for…