State v. Reekes

WELLS, Judge.

The State contends that the Speedy Trial Act allows the State to take a voluntary dismissal with leave and to reinstitute the proceedings at whatever time it chooses, and that the trial court erred in charging against the State the days between 2 September and 14 December, when the State had notice of defendant’s whereabouts but had not yet reinstituted proceedings. The statutes relied upon by the State are as follows:

§ 15A-701. Time limits and exclusions.(b) The following periods shall be excluded in computing the time within which the trial of a criminal offense must begin:(11)…