State v. Penwell

OPINION

KIRSCH, Judge.

The State of Indiana appeals the trial court’s order discharging Christine Pen-well for violation of Indiana Criminal Rule 4(C) contending that the trial court erred in charging the delay resulting from a stay pending Penwell’s petition for certiorari to the Supreme Court of the United States to the State. We agree.

We reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Penwell was charged with battery and neglect on March 11, 2003. She filed a motion to suppress which the trial court denied and which this court affirmed on interlocutory appeal.1 In May…