People v. Isbell

Defendant was convicted of misdemeanor domestic battery. State originally charged Defendant with 2 counts domestic battery based on physical contact of an insulting or provoking nature. A third count, added later, charged Defendant with domestic battery based upon "bodily harm." Counsel was ineffective for failing to bring a motion to dismiss the third count. The same speedy trial clock applicable to counts I and II was applicable to count III. Defendant was brought to trial of count III well outside of the 160-day statutory period. (HOLDRIDGE and WRIGHT, concurring.)