Commonwealth v. Price

Full title: COMMONWEALTH OF VIRGINIA v. JAMES ARTHUR PRICE, JR

Court: Supreme Court of Virginia

Date published: Nov 6, 1998

506 S.E.2d 317 (Va. 1998)

506 S.E.2d 317

Opinion

Record No. 980061

November 6, 1998

Present: All the Justices

Because the Court of Appeals correctly found that the defendant was held continuously in custody in excess of five months from a finding of probable cause until trial in violation of the "speedy trial" statute, its decision to reverse and dismiss the convictions is affirmed for the reasons set forth in Price v. Commonwealth, 25 Va. App. 655, 492 S.E.2d 447 (1997).

Appeal from a judgment of the Court of Appeals of Virginia.

Affirmed.

John H. McLees, Jr., Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellant.

David G. Wittan for appellee.

PER CURIAM.

In this appeal, the Court reviews a judgment of the Court of Appeals holding that the accused was held continuously in custody in excess of five months from a finding of probable cause until trial in violation of Code § 19.2-243, the so-called "speedy trial" statute. Price v. Commonwealth, 25 Va. App. 655, 492 S.E.2d 447 (1997).

For the reasons set forth in the opinion of the Court of Appeals, we will affirm that court's judgment. See Jackson v. Commonwealth, 255 Va. 625, 642, 499 S.E.2d 538, 549 (1998).