State v. McIntyre

COBB, W., Senior Judge.

The State has appealed the trial court’s order of discharge of the defendant McIntyre (charged with four counts of sexual battery on a child under twelve) based upon the trial court’s finding that his right to a speedy trial had been violated.

The legal issue presented is whether a .criminal defendant who waives speedy trial by a last-minute motion for a psychiatric evaluation 1 can subsequently obtain a discharge under the speedy trial rule in the absence of any constitutional claim and without the subsequent filing of any procedural demand for speedy trial. The answer…