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STATE v. PARKER

No. 8410SC790.

333 S.E.2d 551 (1985)

STATE of North Carolina v. Charles Glenn PARKER.

Court of Appeals of North Carolina.

September 3, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Wilson Hayman, Raleigh, for the State.

Gerald L. Bass, Bass, Willoughby & Haywood, Raleigh, for defendant-appellant.

HEDRICK, Chief Judge.

By his first assignment of error, defendant raises the issue of whether the trial court erred in dismissing the charge against him without prejudice, rather than with prejudice, for the State's failure to prosecute him within the time limit specified by the Speedy Trial Act, N.C.Gen.Stat. Sec. 15A-701 et seq. Section 15A-703 in pertinent part provides:

... In determining whether to order the charge's dismissal with or without prejudice...

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