State v. Williamson, 212 N.C. App. 393 (Jun. 7, 2011)

(1) G.S. 15A-711 is not a speedy trial statute. G.S. 15A-711 provides an imprisoned criminal defendant the right to formally request that the prosecutor make a written request for his or her return to the custody of local law enforcement officers in the jurisdiction in which the defendant has other pending charges. The temporary release of the defendant to the local jurisdiction may not exceed 60 days. If the prosecutor is properly served with the defendant’s request and fails to make a written request to the custodian of the institution where the defendant is confined within six months from the date the defendant’s request is filed with the clerk of court, the charges pending against the defendant must be dismissed. The State’s compliance with G.S. 15A-711 does not require that the defendant’s trial occur within a given time frame. The State satisfies its statutory duty when the prosecutor timely makes the written request for the defendant’s transfer, whether or not the trial actually takes place during the statutory period of six months plus the 60 days temporary release to local law enforcement officials. (2) Because the trial court failed to make the proper inquiry in response to the defendant’s motion under G.S. 15A-711 (the proper inquiry is whether the prosecutor made a timely written request for the defendant’s transfer to a local law enforcement facility), the court vacated and remanded for a new hearing.