Powell v. Commonwealth

HUMPHREYS, Judge.

Ray Lloyd Powell was tried on March 23, 1999 in a bench trial on a charge of threatening to bomb the dwelling of Jennifer Heath. The sole question involved in this appeal is whether the trial court erred in not dismissing the charge, after taking the matter under advisement until November 30, 1999.

I. Background

Following the presentation of evidence from the prosecution and during the presentation of evidence by the appellant, the trial court passed a note to appellant’s counsel which stated, “I am going to take this case under advisement until 8/31/99. Dismiss if no other…