Bailey v. Commonwealth

I

For the reasons that follow, I concur in the majority opinion’s holding that Kip Bailey’s trial was not barred by the speedy trial statute.

*808The evidence proved that on March 7, 1997, when the preliminary hearing occurred for this narcotics offense, Bailey was in custody, albeit for another offense. In denying Bailey’s motion to dismiss, the trial judge misinterpreted the speedy trial law. The trial judge ruled as follows:

I think I understand what you’re saying, and I’m certainly going to dismiss the challenge to the speedy trial provisions of the code.... If he’s being held on another charge,…