State v. Friend, 219 N.C. App. 338 (Mar. 6, 2012)

The defendant was not denied his speedy trial rights. The date of the offense and the initial charge was 7 March 2006. The defendant was tried upon a re-filed charge in district court on 13 Apr. 2009. The defendant never made a speedy trial motion in district court; his only speedy trial request was made in superior court on 4 February 2010. Because the defendant already had a trial in district court, the time of the delay runs from his appeal from district court on 13 Apr. 2009 until his superior court trial on 15 February 2010, a period of less than one year. Assuming arguendo that the delay exceeded one year, the claim still failed.