Justice Elizabeth Foley
Dixon moved to be released from custody arguing prosecutors failed to be ready for trial within 90 days from commencement of his detention after his Sept. 13, 2012 arrest. He argued prosecutors were charged with 96 days of non-excludable time for purposes of speedy trial calculations. Prosecutors filed an indictment containing counts including sexual abuse, and a statement of readiness on Oct. 4, 2012. Dixon alleged the entire 42 days was chargeable to prosecutors as notice of such statement was not served on his attorney of record. The court agreed finding the notice was sent to different counsel, and prosecutors failed to explain the mistake, thus the statement of readiness was ineffectual insofar as it purported to serve as proper notice to defense counsel, charging prosecutors with the 42 days between arrest and arraignment on Oct. 25, 2012. However, on the day of arraignment, prosecutors announced ready on the record in open court, albeit in front of a different defense counsel than Dixon's attorney of record. Yet, the court ruled same did not operate to vitiate the otherwise valid open court statement of readiness, finding only 54 days were chargeable to prosecutors, hence Dixon's motion was denied.