Bennett v. State

FRANK, Judge.

The appellant, Robert E. Bennett, appeals from the trial court’s order denying his motion for discharge asserting that the lapse of nearly fifty-two months from the date of the information charging him with felonious conduct to the date of such order constitutionally entitled him to termination of the proceeding. We do not agree.

The information charging the appellant with resisting arrest with violence and the battery of a law enforcement officer was filed on July 27, 1979. The appellant entered a not guilty plea on August 23, 1979, and trial was set for October 3, 1979. On that…