State v. Montgomery

The state appeals the circuit court’s discharge of the defendant based on an alleged violation of the defendant’s right to a speedy trial. The state argues that the defendant’s right to a speedy trial was not violated. We agree with the state and reverse.

The record reveals the following time-line of material events, all of which occurred in 2009.

On September 15, the defendant, while incarcerated, delivered a notice of expiration of speedy trial to prison authorities for mailing to the circuit court.

On September 22, the parties appeared for a status hearing. During the hearing, the defendant…