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HEATH v. COM.

Record No. 001090.

541 S.E.2d 906 (2001)

Wayne Lenardo HEATH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 2, 2001.

Attorney(s) appearing for the Case

Mary K. Martin, Petersburg, for appellant.

Marla Graff Decker, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present; CARRICO, C.J., LACY, KEENAN, KOONTZ, and KINSER, JJ., WHITING, Senior Justice.

WHITING, Senior Justice.

This appeal involves one of the tolling provisions of the speedy trial statute. Code § 19.2-243 provides that if, while awaiting trial, an accused has been incarcerated continuously for more than five months after a district court finds probable cause to believe that he has committed a felony, he shall be "forever discharged from prosecution" for that offense.

However, Code § 19.2-243(4) states in part that the five-month...

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