State v. Holton

SCHWARTZ, Chief Judge.

The sole point on this state appeal from an order discharging the defendant under the speedy trial rule claims that the defendant’s demand for a speedy trial was not “filed” in the clerk’s office. It makes this contention notwithstanding the trial court’s finding, on ample evidence, that the notice was indeed filed and the undisputed fact that it was in any case timely served on the office of the state attorney, which ignored it.

This appeal is thus no more than a frivolous, transparent attempt to shift the burden of the dismissal from the prosecution to the judiciary.…