bench trial what the trial court said at least what's presented to us here is i have a period of time that i set aside for a bench trial and so you have to your trial now has to be pushed down the road so that it's time for all that i am so i can schedule it for a bench i don't have a problem with the court doing that because  jury shortly before his scheduled jury trial then the diddly is attributable to the defendant and he is asserting that the whatever the jury would or was not a delay that would be attributable to him with the record shows that charged to defendant but at same time in that same conversation defense counsel maintained his each row claim that he made earlier in this case there were different was charging three separate cases and he was charg in custody on the prior to charges and then is counsel was mentioned on july eleventh two thousand and twelve hearing was held on all three charges the trial judge noted that defended at that time it indicated that he was  now in this case because defendant waives is to retrial about a week before the trial's scheduled date for the the bench trial just said we're going to set this within the court's regular schedule now maybe the first piece it was the day before we couldn't arrange a jury trial there was no indication from the record why that was allowed you know why was it we do the very next day but obviously at period i believe that's the way it was worded ok and we're three months away from that and you were still well within the term at the time so that's not an issue the next time about this  reader there may be factors that the court could determine or just formulate that would be applicable to every fact scenario but i think in general each of these cases are facts specific based on what is going on in the particular scenario that's involved so i think it would be difficult to come up with three to five factors for instance to say these will apply to all of these type situations and there are so many variables that go into these of course then the court that has the schedule to adhere to and so that has to be one of the factors if you if you will the courts will you to schedule a trial within a certain time  each court some smaller courts only sit once a month in that particular county for instance and where is the who county they would sit every day for jury trials and such so i don't know could have a schedule a later time he's not new to the criminal system he's he's got a background according to the record i don't have an indication i'm not going to claim that he was trying to game the system or anything at this point  period but nobody objected to that they had trial on that particular day so if defendant doesn't object to setting the trial outside the term then he forfeits that argument on appeal and that's what happened here very valid argument but there was no objection to foundation at the time foundation was provided by one of the witnesses the people at the time the you wanted to call this particular witness felt that she was important to foundation but since there was no objection raised we had no idea she was in the courtroom at the time there's nothing in the records say she was or was not there and since there was no objection to the foundation some foundation was provided perhaps at the time of that moment they felt that they did not need to call her even though maybe that was not the most boring thing to do in hindsight but again the record doesn't say whether she was there or not at that time with the summer for december for three more months never mind that that's within the hundred sixty days right correct there's no argument there and that's why defense counsel on november second said