Justice John Egan Jr.
Miller appealed from a judgment convicting him of first degree sexual abuse. Miller was charged on Aug. 3, 2010, and with additional counts in January 2011. Prosecutors filed their statement of readiness on Jan. 28, 2011, and it was undisputed they had seven days remaining on the speedy trial clock. After various motions, and a trial date, prosecutors asked and received a three week adjournment. During such adjournment, prosecutors presented the case to a grand jury and obtained a superceding indictment charging Miller with two counts of sexual abuse. Miller was arraigned on the superceding indictment, and the trial was adjourned. Miller’s motion to dismiss on speedy trial grounds was denied and he was convicted of sexual abuse, and he appealed. The panel noted while prosecutors satisfied their statutory requirements by filing their statement of readiness, it opined if the post-readiness delay occasioned by the adjournment was chargeable to prosecutors. It found in the affirmative noting the entire 21 days was charged to prosecutors, bringing them beyond the seven days remaining on the speedy trial clock, and defense counsel’s failure to object to the adjournment did not constitute consent. Miller was entitled to dismissal of the indictment, and the judgment was reversed.
