State v. Smith

VAUGHN, Chief Judge.

Defendant first contends that the trial court erred when it denied defendant’s motion to dismiss under the Speedy Trial Act. G.S. 15A-701, et seq. We find no error.

G.S. 15A-701(al)l provides that the trial of a criminal defendant shall begin within 120 days from the date defendant is arrested, served with criminal process, waives an indictment, or is indicted, whichever occurs last. The indictment in this case, returned on 22 February 1982, triggered the 120 day period. Defendant showed that the time between the indictment and trial was more than 120 days: Defendant was…