NELMS v. COM.

Record No. 0699-89-1.

400 S.E.2d 799 (1991)

Kevin Brent NELMS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 5, 1991.


Attorney(s) appearing for the Case

L.G. Fitchett, Gloucester Point, for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and WILLIS, JJ.


BARROW, Judge.

This is a criminal appeal from a denial of a defendant's motion to dismiss an indictment because of a failure to provide a speedy trial under Code § 19.2-243. We hold that, when an accused appears before a trial court for the appointment of counsel and the case is continued to the next docket call without being set for trial, the period of time which follows is not tolled under Code § 19.2-243.

On November 7, 1988, the defendant was...

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