State v. Moore

JOHNSON, Presiding Judge.

This appeal is from an order of discharge and acquittal based on a 15-month delay which allegedly denied criminal defendant Rodney Moore’s constitutional rights to a speedy trial. Because there is no evidence to support the trial court’s finding that the delay prejudiced Moore, we must reverse the order.

Moore was arrested on December 17, 2005, for driving under the influence of alcohol and endangering a child. On August 30, 2006, Moore’s attorney sent a letter to the district attorney’s office indicating that Moore was exercising his federal and state constitutional…