STATE v. REEKES

No. 8226SC445.

297 S.E.2d 763 (1982)

STATE of North Carolina v. Felton Earl REEKES.

Court of Appeals of North Carolina.

December 7, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. David E. Broome, Jr., Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender James H. Gold, Raleigh, for defendant.


WELLS, Judge.

The State contends that the Speedy Trial Act allows the State to take a voluntary dismissal with leave and to reinstitute the proceedings at whatever time it chooses, and that the trial court erred in charging against the State the days between 2 September and 14 December, when the State had notice of defendant's whereabouts but had not yet reinstituted proceedings. The statutes relied upon by the State are as follows:

§ 15A-701. Time...

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