Rhoden v. State

Robert J. Gladwin, Judge.

Appellant Lee Rhoden appeals his conviction on charges of driving while intoxicated, first offense, and driving without a driver’s license. On appeal, he argues that he was not brought to trial within twelve months as required by Arkansas Rule of Criminal Procedure 28.1 (2006). We find merit in the argument and reverse and dismiss.

Appellant was arrested on April 26, 2003, and, pursuant to Rule 28, he should have been brought to trial by April 26, 2004, if there were no excludable periods under Arkansas Rule of Criminal Procedure 28.3 (2006). His trial in district…