State v. Smith

EAGLES, Judge.

I

Subject to certain periods which may be excluded pursuant to G.S. 15A-701(b), G.S. 15A-701(al)(l) requires the State to bring a defendant to trial within 120 days of arrest, indictment, waiver of indictment, or service of criminal process, whichever occurs last. In this dispute, the 120 day time period began to run from 5 October 1985, the date that defendants were served with criminal process. G.S. 15A-701(b)(7) provides, in relevant part, for the exclusion of delays “resulting from a continuance granted by any judge.” This case turns on the effect of the open-ended…