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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: ELLEN M. O'CONNOR Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEES: GREGORY F. ZOELLER Attorney General of Indiana JOBY JERRELLS Deputy Attorney General Indianapolis, Indiana

FILED
Dec 29 2009, 9:47 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
JERMAINE REAVES, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 49A02-0902-CR-130

APPEAL FROM THE MARION SUPERIOR COURT The Honorable James B. Osborn, Judge The Honorable Grant W. Hawkins, Judge Cause No. 49G05-0611-FA-216482

December 29, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

Jermaine Reaves brings this interlocutory appeal of the trial court's denial of his motion for discharge pursuant to Indiana Criminal Rule 4(C). Specifically, Reaves

argues that he was not tried within one year of being arrested and that, in denying his motion for discharge, the trial court improperly charged him with delays. We affirm and remand. FACTS AND PROCEDURAL HISTORY Reaves was charged with one count of battery1 as a Class A felony and one count of neglect of a dependent2 as a Class A felony on November 15, 2006. At his initial hearing on that date, Reaves, pro se, made an oral request for a speedy trial and notified the court that he intended to hire counsel. The trial court set a trial date of January 22, 2007. On January 9, 2007, Reaves, by counsel, filed a motion to continue and to withdraw his speedy trial request. The trial court held a hearing and granted the motion after asking Reaves if he understood that he was giving up his previous request for a speedy trial. Reaves indicated to the court that he understood. On March 26, 2007, Reaves filed a motion for specific discovery, requesting "copies of any and all microscope slides prepared relative to the autopsy performed." Appellant's App. at 86. After reviewing the State's response to Reaves's motion, the trial court granted the motion and ordered the Marion County Coroner's Office ("Coroner's Office") to contact the trial court, the parties, and the defense expert to advise them of the amount of time it would take to comply with the trial court's order. Thereafter, many
1

See Ind. Code

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