Opinion
February 19, 1996
Rule 28.2
We amend Rule 28.2(b) of the Rules of Criminal Procedure, effective immediately, as follows:
(b) When the charge is dismissed upon motion of the defendant and subsequently the dismissed charge is reinstated, or the defendant is arrested or charged with the same offense, the time for trial shall commence running from the date the dismissed charge is reinstated or the defendant is subsequently arrested or charged, whichever is earlier; and when the charge is dismissed upon motion of the defendant and subsequently the charge is reinstated following an appeal, the time for trial shall commence running from the date the mandate is issued by the appellate court;
Court's Notes, 1996 Amendment: Subsection (b) was amended to address situations where the defendant successfully moves to have charges dismissed but charges are subsequently reinstated by the trial court or on appeal. See Thornton v. State, 317 Ark. 257, 878 S.W.2d 378 (1994).