Turbyfill v. State

Jack Holt, Jr., Justice.

This is a petition for writ of

prohibition filed on behalf of Mark Turbyfill, a defendant charged with felony theft of property, seeking to prevent his trial from taking place. We' grant the writ.

With the filing of the charge against Turbyfill, the one year time period for a speedy trial began on July 22, 1991. Ark. R. Crim. P. 28.2(a). The state then had twelve months to bring Turbyfill to trial assuming there were no excludable periods under Ark. R. Crim. P. 28.3, or by July 21,1992. Ark. R. Crim. P. 28.1. Turbyfill argues that the resetting of the trial from its…