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REPORTED

IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1323

September Term, 1994 ________________________________

ROBERT ALLAN TAPSCOTT

v.

STATE OF MARYLAND __________________________________

Wilner, C.J. Alpert, Friedman, Kathleen O'Ferrall (Specially assigned), JJ. ___________________________________ Opinion by Friedman, J. ___________________________________

Filed:

August 31, 1995

Appellant, Robert Allan Tapscott, appeals from a jury verdict in the Circuit Court for Prince George's County convicting him of four related criminal charges. The jury found

appellant guilty of two counts of child abuse and two counts of incest arising out of two separate incidents involving the same victim. The court sentenced him to concurrent five-year terms on

the first three counts, suspending all but one year in favor of three years probation. the incest counts. On October 8, 1993, appellant's counsel entered his appearance, and on November 4, 1993, in an omnibus motion, appellant's counsel made a demand for a speedy trial. There were four The court The court merged the conviction on one of

set the trial for February 1, 1994.1 continuances.

The first one, granted February 1, 1994, was at On the next trial date, February 28,

the request of appellant.

1994, the results of DNA testing, which were necessary to prove the relationship between appellant and the complaining witness, were not complete. As a result, the State requested a

continuance beyond March 30, 1994, the 180-day time limit imposed by Md. Ann. Code, art. 27,

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Maryland Law