Commonwealth v. Perry

BY JUDGE ROSEMARIE ANNUNZIATA

The matter before the court is the defendant’s motion to dismiss the indictment against him on the ground that he has not been afforded a speedy trial in accordance with Va. Code § 19.2-243.

The parties have agreed that the court’s inquiry is to be confined to the hearing held on February 13,1991, at which an order was entered granting the Commonwealth’s motion for a continuance “without objection.”

The first question to be resolved is whethef the court must constrain its consideration of the facts solely to the order reflecting the continuance granted in this case,…