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Question
R is charged with homicide. Information filed January 5; arraignment January 28. The time to commence trial under Rule 119 ends May 2. Due to court backlog, no trial is conducted by that date. On May 5, R moves to dismiss the information on the ground that the State did not bring him to trial within the time limit. The trial court grants the motion and dismisses the case. On June 20, the People file a new information for the same offense in the same court. (a) Under Rule 119, Sec. 9, what is the remedy when the accused is not brought to trial within the time limit? (b) What is the effect of the dismissal on the State’s right to prosecute the same offense in a new information? (c) In light of the facts, may the People proceed with the second information without violating the prohibition against double jeopardy? Briefly justify.