Malmsberry v. State

ORFINGER, R. B„ J.

Shawn Malmsberry seeks a writ of prohibition following the circuit court’s denial of his motion for discharge on speedy trial grounds. We deny the petition.

Malmsberry was arrested on February 7, 2001 on two counts of aggravated stalking. At a pretrial conference held on July 10, 2001, the State and defense counsel advised the court that the case was ready for trial and that all discovery had been completed. The court set the case for trial on July 30, 2001, two days prior to the expiration of the speedy trial period. On July 13, 2001, defense counsel filed a defense witness…