People v. Daniels

The State appeals from a trial court order dismissing the indictment against defendant, Michael Daniels, for violation of the speedy trial statute. The State contends that the court improperly dismissed the indictment because the nolle prosequi sought and obtained by the State tolled the running of the speedy trial period.

On January 31, 1987, defendant was arrested for possession of a controlled substance and was taken into custody. On February 26, 1987, defendant appeared for a preliminary hearing. The court denied the State’s request for a continuance to await the laboratory report on the…