State v. Jones

EAGLES, Judge.

Defendant assigns as error the trial court’s denial of his motion to dismiss pursuant to North Carolina’s Speedy Trial Act, G.S. 15A-701 et seq. For the reasons stated below, we agree that there was error.

We note that the Speedy Trial Act, G.S. 15A-701 et seq., creates new rights, supplemental to the speedy trial rights existing under the Sixth Amendment of the United States Constitution. State v. Reekes, 59 N.C. App. 672, 297 S.E. 2d 763, cert. denied, 307 N.C. 472, 298 S.E. 2d 693 (1982). Thus, the terms of the statute control where a motion to dismiss is made pursuant to G.S.…