Heath v. Commonwealth

SENIOR JUSTICE WHITING

delivered the opinion of the Court.

This appeal involves one of the tolling provisions of the speedy trial statute. Code § 19.2-243 provides that if, while awaiting trial, an accused has been incarcerated continuously for more than five months after a district court finds probable cause to believe that he has committed a felony, he shall be “forever discharged from prosecution” for that offense.

However, Code § 19.2-243(4) states in part that the five-month period is tolled during any period if the failure to try the accused was caused:

By continuance granted on the motion…