Flashcards Studio

Z is charged with murder. Information filed March 5; arraignment March 20. The time to commence trial under Rule 119 ends May 24. Due to court backlog, no trial is conducted by that date. On May 25, Z 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 30, the People file a new information for the same offense in the same court.
(a) What remedy does Rule 119, Sec. 9 provide when the accused is not brought to trial within the time limit?
(b) What is the effect of this 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.