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MOODY v. ARKANSAS COUNTY CIRCUIT COURT

No. CR 02-39.

85 S.W.3d 534 (2002)

350 Ark. 176

Derrick Rumunda MOODY v. ARKANSAS COUNTY CIRCUIT COURT, SOUTHERN DISTRICT.

Supreme Court of Arkansas.

September 26, 2002.

Attorney(s) appearing for the Case

Morse U. Gist, Jr., Hot Springs, for appellant.

Mark Pryor, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., Little Rock, for appellee.

JIM HANNAH, Justice.

Petitioner Derrick Rumunda Moody seeks a writ of prohibition asserting that the trial court has lost jurisdiction to try him on delivery of a controlled substance because he was not brought to trial within the twelve month period under Ark. R.Crim. P. 28. The criminal information was filed in this case on September 23, 1998. Moody filed his motion to dismiss on May 2, 2001. We hold that the periods of delay attributable to Moody, properly excluded...

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