State v. Rose

WHICHARD, Judge.

Defendant first contends that his trial was not commenced within 120 days of his arrival in North Carolina from Oregon, and that the Interstate Agreement on Detainers (G.S. 15A-761 et seq.) thus required dismissal of the charge. He relies on the following provision: “In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state . . . .” G.S. 15A-761, Article IV(c).

The trial court found this provision inapplicable, concluding that defendant’s presence in North Carolina was not procured…