In State v. Carrico, 189 W. Va. 40, 427 S.E.2d 474 (1993)the trial court permitted the prosecutor to nolle prosequi the first indictment against the defendant and obtain a second indictment charging the same offenses. After the defendant's conviction he appealed arguing that he was denied a speedy trial. The Court rejected the argument and held that "the prosecution is entitled to re-indict after a nolle prosequi if the prosecution can conduct the trial within the constraints of the three-term rule." Carrico, 189 W. Va. at 45, 427 S.E.2d at 479. The Court explained the difference between the one-term rule of W. Va. Code 62-3-1 and the three-term rule of W. Va. Code 62-3-21 (2000) as follows: "The three-term rule provides that a post-indictment delay cannot be much longer than a year without an act on the defendant's part to extend the term between indictment and trial; the three-term rule operates no matter whether the defendant asks for a trial . . .; the "one-term" rule . . . prevents extreme prejudice against a defendant for delay, for if an event that may cause prejudice is impending and the defendant moves for a trial within one-term of court, the prosecution will need to show a high level of "good cause" to persuade the court to continue the case." (Carrico, 189 W. Va. at 44, 427 S.E.2d at 478.)