Nelms v. Commonwealth

Opinion

BARROW, J.

This is a criminal appeal from a denial of a defendant’s motion to dismiss an indictment because of a failure to provide a speedy trial under Code § 19.2-243. We hold that when an accused appears before a trial court for the appointment of counsel and the case is continued to the next docket call without being set for trial, the period of time which follows is not tolled under Code § 19.2-243.

On November 7, 1988, the defendant was indicted by a grand jury on a charge of escape from a correctional facility in violation of Code § 53.1-203. On November 14, 1988, the defendant…