Gardner v. State

BAKER, Judge.

Defendant-appellant John Gardner appeals his conviction for dealing in cocaine, a Class A felony. 2 Gardner claims the State failed to bring him to trial within the aggregate one year period required by Ind. Crim. Rule 4(C), and that he is therefore entitled to discharge. He is correct and we reverse.

PROCEDURAL HISTORY

At the outset, we note the State has failed to file an appellee's brief in response to Gardner's appeal. Accordingly, we may reverse the judgment upon a showing of prima facie error. - Pettiford v. State (1987), Ind.App., 504 N.E.2d 824; State v. Palmer (1986),…