State v. Brown

MARTIN (Robert M.), Judge.

Defendant first assigns as error the failure of the trial court to grant his motion to dismiss because of violation of his statutory right to a speedy trial. Specifically, defendant contends that the lower court erred in its refusal to include in the computation made pursuant to G.S. 15A-701(al)(l) the 42 days between the judge’s commitment order on 28 January 1981 and the day defendant was finally sent to Central Prison for his mental examination on 12 March 1981.

The pertinent section of the Speedy Trial Act, N.C. Gen. Stat. 15A-701(al)(l) provides:(al)…