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Whether a criminal defendant who pleads guilty pursuant to an illegal plea agreement is entitled to include the time from his original arrest until re-sentencing for purposes of determining a speedy trial violation
QUESTIONS PRESENTED 1. Whether a criminal defendant who pleads guilty pursuant to a negotiated plea agreement and serves a five-year, split sentence, which is subsequently reversed because the plea agreement was illegal, is entitled to include the time from his original arrest until his re-sentencing—over six years—for purposes of determining whether his constitutional right to a speedy trial was violated? 2. Whether the trial court erred to reversal in denying the defendant’s motion to dismiss the indictment against him because it erroneously excluded the time between his original arrest and the reversal of his sentence in determining whether his constitutional right to a speedy trial was violated?