Caldwell v. State

OPINION

KIRSCH, Judge.

Delmar Caldwell ("Caldwell") brings this interlocutory appeal of the trial court's order denying his motion for discharge under Indiana Criminal Rule 4(C). Caldwell raises the following issue, which we restate as: whether the trial court erred by finding that the one-year period in which to bring Caldwell to trial for an offense alleged to have occurred in July of 2007 had not begun to run until he was ordered to appear by summons for his initial hearing on February 13, 2009.

We reverse.

FACTS AND PROCEDURAL HISTORY

On July 4, 2007, Indiana State Trooper Jason Ginder…