217.460. Trial to be held, when--failure, effect. - Missouri Statutes

Trial to be held, when--failure, effect.

217.460. Within one hundred eighty days after the receipt of therequest and certificate, pursuant to sections 217.450 and 217.455, by thecourt and the prosecuting attorney or within such additional necessary orreasonable time as the court may grant, for good cause shown in open court,the offender or his counsel being present, the indictment, information orcomplaint shall be brought to trial. The parties may stipulate for acontinuance or a continuance may be granted if notice is given to theattorney of record with an opportunity for him to be heard. If theindictment, information or complaint is not brought to trial within theperiod and if the court finds that the offender's constitutional right to aspeedy trial has been denied, no court of this state shall havejurisdiction of such indictment, information or complaint, nor shall theuntried indictment, information or complaint be of any further force oreffect; and the court shall issue an order dismissing the same withprejudice.

(L. 1982 H.B. 1196 § 80, A.L. 1989 H.B. 408, A.L. 2009 H.B. 62 merged with H.B. 481)

(1991) Defendant's first trial resulted in a mistrial and second trial took place more than one hundred eighty days after defendant filed request for speedy trial, therefore statute was complied with, because defendant was "brought to trial" within the one hundred eighty days. State v. Clark, 809 S.W.2d 139 (Mo.App.E.D.).