State v. Collier

Appellee was arrested for attempted kidnapping, false imprisonment and burglary on September 4, 1993. On February 28, 1994, appellee filed a Notice of Expiration of Speedy Trial Rule. At the hearing on the notice, the state indicated it was prepared to go to trial within ten days. However, the trial judge held that appellee had not been brought to trial within 175 days of the date of the arrest and discharged appellee.

As the state argues, and appellee concedes, under the present speedy trial rule, if there is no evidence of a waiver of speedy trial, the trial must be set within ten days from…