Baker v. Commonwealth

COLEMAN, Judge.

This criminal appeal arises from a denial of the defendant’s motion to dismiss three indictments against him for failure to provide a speedy trial as required by Code § 19.2-243. We hold that the defendant did not waive the right to a speedy trial when his counsel, after objecting to a continuance granted on the Commonwealth’s motion, provided an available trial date that he knew to be beyond the statutory five month-*21speedy trial period. Thus, we reverse the defendant’s convictions.

The defendant, Gerald Baker, was arrested and charged with two counts of burglary and with grand…