State v. Freeman

WEBB, Judge.

The defendant first assigns error to the overruling of his motion to dismiss for the State’s failure to comply with the Speedy Trial Act. We believe this assignment of error has merit. G.S. 15A-701(al) provides in part:

“Notwithstanding the provisions of subsection (a) the trial of a defendant charged with a criminal offense who is arrested, served with criminal process, waives an indictment or is indicted, on or after October 1, 1978, and before October 1, 1983, shall begin within the time limits specified below:(3) When a charge is dismissed, other than under G.S. 15A-703 or a…