Scott F. West v. State of Indiana

OPINION

SHEPARD, Senior Judge.

Appellant Scott F. West was held to answer on marijuana charges for more than a year without a trial date while a motion to suppress awaited a ruling. He is entitled to discharge under Indiana Criminal Rule 4(C).

FACTS AND PROCEDURAL HISTORY

In June 2009, the State charged West with possession of a destructive device, a class C felony; dealing in marijuana, possession of marijuana, and maintaining a common nuisance, all as D felonies; and A misdemeanor possession of paraphernalia.

On December 28, 2009, West moved to suppress evidence. At the time, a jury trial was…