State v. Gottschalk

OPINION

COATS, Chief Judge.

Criminal Rule 45(c)(1) provides that the time for bringing a defendant to trial is calculated “from the date the charging document is served upon the defendant.” This case raises the question of whether, when the defendant is in court on one charge and is given a copy of a new indictment in a separate case by the prosecutor at the direction of the judge, the defendant has been served with this indictment for purposes of the speedy trial rule. We conclude that this does not constitute “service” for purposes of the rule.

Factual and procedural background

Gottsehalk was…