![]() Moore’s attorney, who was not of record, filed the December Continuance to give Moore time to attend the trial, given Moore’s hospitalization at that time. The period of December 17, 2019, through March 23, 2020, totaling 98 days (the “December Continuance”), is the issue on appeal. December 17, 2019, through March 23, 2020, totaling 98 days. The circuit court found that 366 days of speedy-trial time, consisting of three time periods, had run against the State: June 14, 2019, through September 23, 2019, totaling 102 days. Pate argues that this is an improper State appeal pursuant to Ark. ![]() 2 The State argues that the circuit court’s ruling, that the district court erred by failing to determine if a 98-day period was excluded at the time it ordered the continuance, conflicts with the plain text of Rule 28.3 and must be reversed. On February 9, 2022, the State filed its notice of appeal. It ruled that the charges be dismissed since Pate had not been tried within twelve months, as required by Ark. ![]() There, the court found that the speedy-trial clock began to run on June 14, 2019, and concluded that the State was charged with a total of 366 days. The speedy-trial hearing was held on October 29, 2021. 28.1 and 28.2(a).” The State filed a response and argued that the speedy-trial clock was tolled between December 16, 2019, and March 24, 2020, in accordance with Ark. Pate argued that his “right to a speedy trial on these charges had been violated because he was not tried within twelve months of his arrest and/or the filing of charges, as required by Ark. On August 31, 2021, Pate filed a motion to dismiss the State’s prosecution based on a speedy-trial violation. The State subsequently filed an amended information, and Pate was charged with having committed battery in the second degree, driving while intoxicated, careless and prohibited driving, and failure to wear a seatbelt. On June 17, 2020, Pate was charged in the Faulkner County Circuit Court with second-degree battery in violation of Ark. Prosecutors subsequently filed a felony information in the Faulkner County Circuit Court. The court granted the motion for continuance on December 16, 2019, for a trial start date of March 24, 2020. The day before trial, Moore, using counsel that was not on the record, filed a motion for continuance because he was “recently” hospitalized and could not attend. The State subpoenaed Moore to appear at the December 17 trial. Pate moved for a continuance, and the district court granted his motion and continued the trial for a start date of December 17, 2019. The district court set an initial trial date for September 24, 2019. On June 14, 2019, Pate was charged in Faulkner County District Court for driving while intoxicated. Moore was injured, and police suspected Pate, who had empty beer cans in his vehicle, of driving while intoxicated. On June 6, 2019, Arkansas State Police were dispatched to a two-car accident involving Tyler Pate and Phillip Moore. We agree, and accordingly dismiss the appeal. ![]() Appellee, Tyler Pate, argues that this is an improper State appeal under our rules. WOMACK, Associate Justice The State appeals this case claiming an error by the circuit court regarding a speedytrial ruling. CR-22-219 Opinion Delivered: February STATE OF ARKANAPPELLANT APPEAL FROM THE FAULKNER COUNTY CIRCUIT COURT V.
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