Baity v. Commonwealth

UPON REHEARING EN BANC

Opinion

KOONTZ, J.

Roger Lee Baity was convicted of distribution of cocaine in a bench trial in the Circuit Court of Botetourt County on January 23, 1991. On appeal, he contends that he was denied his statutory right to a speedy trial as provided by Code § 19.2-243. Specifically, Baity contends that the fifteen day period granted by the trial court to permit him initially to obtain counsel was wrongfully charged against him when the trial judge denied his January 22, 1991 motion to dismiss for failing to commence his trial within the statutorily mandated time. We agree.…