State v. Jowais

DAUKSCH, Judge.

This is an appeal from an order of discharge in a criminal case. F.R.Crim.P. 3.191.

Appellee was not brought to trial within 180 days of his arrest for a felony charge so he filed a motion for discharge pursuant to the speedy trial rule mentioned above. The trial judge granted the motion and ordered appellant discharged.

The state filed a Motion to Set Aside the Order of Discharge before the discharge order was rendered but after the court had announced its intention to grant the motion. Although the trial judge recognized in his “Order on Motion to Set Aside Discharge” that he…