State v. Koberlein

JOHNSON, Judge.

Defendant assigns error to the trial court’s denial of his motion to dismiss the charges with prejudice due to the State’s failure to provide him a speedy trial in accordance with G.S. 15A-701.

The charges against defendant were dismissed once and then brought again. With regard to the commencement of trial, G.S. 15A-701(al)(3) provides in pertinent part:

When a charge is dismissed, other than under G.S. 15A-703 or a finding of no probable cause pursuant to G.S. 15A-612, and the defendant is afterwards charged with the same offense . . . then within 120 days from the date that…