State v. Montgomery

OPINION ON REHEARING

BROWN, Judge.

The State and Montgomery both petition for rehearing of a published opinion in which we found that discharge of Montgomery's case was not proper under Ind. Crim. Rule 4(C) or his constitutional speedy trial right. State v. Montgomery, 901 N.E.2d 515, 519, 522 (Ind.Ct.App.2009). However, we also held that, "[in light of the State's pattern of failure in complying with Montgomery's discovery requests and the trial court's orders, we do not find clear error in the trial court's grant of Montgomery's motion for dis charge." Id. at 523. Nevertheless, we remanded…