State v. Parham

The state appeals an order granting defendant’s oral motion for discharge pursuant to the speedy trial rule.

At the time of trial on the afternoon of July 26, 1982, the state moved for a continuance of the case; the motion was denied. The assistant state attorney then announced a nolle prosequi. Defendant’s counsel responded immediately, in the presence of the assistant state attorney and on the record, that he was filing a demand for speedy trial on a “piece of paper.” The record reflects that a demand was filed on a sheet of yellow paper that same day. There is no evidence "that the state…