State v. Hollis

On Appellant’s Motion for Rehearing

GERBER, J.

We grant appellant’s motion for rehearing as to the proper disposition upon remand, withdraw our opinion dated September 27, 2012, and substitute this opinion in its place.

The state appeals from the circuit court’s order granting the defendant’s motion for discharge based on the expiration of the speedy trial period. The state argues there was insufficient proof that the defendant served the notice of expiration on the state and, therefore, the court erred in granting the motion for discharge. We agree with the state and reverse.

The state charged…