State v. Herbin

HEDRICK, Judge.

Defendant first assigns as error the trial court’s denial of his motion to dismiss the charges on the basis of a violation of the Speedy Trial Act provisions of N.C. Gen. Stat. Sec. 15A-701. N.C. Gen. Stat. Sec. 15A-701(al) requires the defendant’s trial to begin within 120 days from the date of arrest, service with criminal process, waiver of indictment, or indictment, whichever occurs last. N.C. Gen. Stat. Sec. 15A-701(b) lists various time periods which may be excluded when computing the 120 days.

The defendant has the burden of showing that his trial was held beyond the time…