The defendant was arrested on July 15 on two counts: one is a felony and the other is a misdemeanor. The defendant is charged by information. Both offenses stem from the same incident and are thus consolidated. The trial for both offenses is scheduled for December 1 of the same year. After the expiration of 100 days from the time of arrest, Defendant moves to dismiss the misdemeanor. Will the court dismiss the misdemeanor charge