Leek v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Stephen Leek appeals from the trial court’s denial of his motion for discharge under Criminal Rule 4(C). Leek presents a single dispositive issue for our review, namely, whether the trial court erred when it found that the State had brought Leek to trial within the time allotted under Criminal Rule 4(C).

We reverse.

FACTS AND PROCEDURAL HISTORY

On March 21, 2005, the State charged Leek with Operating a Motor Vehicle While Intoxicated and Battery. The trial court held a hearing that day and scheduled a pretrial conference for May 10, 2005, The trial court…