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FOR PUBLICATION
ATTORNEY FOR APPELLANT: CRAIG PERSINGER Marion, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STEPHEN ALTER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 27A02-0602-CR-76

APPEAL FROM THE GRANT SUPERIOR COURT NO. 2 The Honorable Randall L. Johnson, Judge Cause No. 27D02-0407-FB-85

January 31, 2007 OPINION - FOR PUBLICATION

SULLIVAN, Judge

Appellant-Defendant, Stephen Alter, appeals following his convictions and sentence for Residential Entry as a Class D felony, 1 Possession of a Controlled Substance as a Class D felony, 2 and Possession of a Legend Drug as a Class D felony. 3 Upon appeal, Alter claims the trial court erred in denying his motion for discharge pursuant to Indiana Criminal Rule 4(C). We reverse and remand. Alter was charged on July 12, 2004 with burglary, possession of a schedule III drug, and possession of a legend drug. At a July 14, 2004 initial hearing, the trial court set the case for trial on November 29, 2004. Following appointment of counsel for Alter on July 23, 2004, the State filed a notice of discovery compliance and a motion for discovery on August 18, 2004, which was the last documented activity prior to Alter's scheduled trial. Alter's case was not tried on November 29, and there is no docket entry explaining why Alter was not brought to trial. No documented activity occurred in Alter's case from August 18, 2004 until more than eight months later, May 11, 2005, when he apparently filed correspondence with the court. On July 13, 2005, Alter filed a Criminal Rule 4(C) motion for discharge. The court held a hearing on Alter's motion on July 18, 2005 and denied the motion three days later. Alter subsequently moved to certify the matter for interlocutory appeal, which the court denied on November 7, 2005. Following a November 29, 2005 jury trial, Alter was convicted of residential entry,

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Ind. Code

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