State v. Tartaglia

OPINION

BIVINS, Chief Judge.

The state appeals the trial court’s dismissal of the indictment against defendant on speedy trial and due process grounds. In a memorandum opinion filed December 27, 1988, we reversed. Defendant timely filed a motion for rehearing, urging this court to decide which party has the burden of proof on the speedy trial issue, and arguing for remand rather than reversal. We now withdraw our earlier opinion in this case and substitute the following therefor. We reverse the trial court’s order of dismissal with prejudice based on due process grounds, set aside the dismissal…