Court of Appeals of North Carolina March 5, 1985, No. 8427SC364 (State v. Clark)

WHICHARD, Judge.

Defendant contends the court erred in denying his motion to dismiss for violation of the Speedy Trial Act, G.S. 15A-701 et seq. The pertinent facts are as follows:

Defendant’s first trial on this charge resulted in the declaration of a mistrial on 26 July 1983. The case was scheduled for retrial on 31 August 1983.