Pate v. State

Joseph Lester Pate was indicted for the offense of theft of property in the first degree, in violation of § 13A-8-3, Code of Alabama 1975, on August 29, 1991. Pate was arraigned on September 25, 1991, and entered a plea of not guilty.

On October 1, 1991, Pate filed a motion to dismiss the charge against him based upon his alleged previous filing in May 1991 of a motion for speedy trial in the original district court case. In his motion to dismiss, Pate alleged that the State's failure to prosecute him within 90 days of the filing of the district court case required dismissal of the charges…