Zangerl v. State3/13/2003
Appellant Rudolph Zangerl, III, appeals his judgment of conviction for third-offense DWI and asserts a violation of his right to a speedy trial. We agree that his speedy-trial rights were violated, and we reverse his judgment of conviction and dismiss the case.
On August 25, 1999, Zangerl was arrested for driving while intoxicated in the city of Humphrey. He was issued a ticket by the arresting police officer and advised of his court-appearance date of September 14, 1999, in Humphrey city court for taking a plea. That plea date was subsequently continued in order to give Zangerl an opportunity to consult with an attorney. On November 9, 1999, Zangerl entered a plea of not guilty in city court, and his trial was set for December 14, 1999. On December 14, 1999, the case was transferred to the Arkansas County Circuit Court on the belief that this was Zangerl's fourth DWI offense and, as such, a felony.
On January 18, 2000, an information was filed in circuit court charging Zangerl with fourth-offense DWI. Zangerl's pretrial hearing was set for June 12, 2000, and his jury trial was set for July 6, 2000. On June 9, 2000, Zangerl moved for a continuance of his pretrial hearing, because his counsel was in the process of preparing pretrial motions. On June 13, 2000, the circuit court reset his pretrial hearing for June 26, 2000. On June 21, 2000, Zangerl filed two pretrial motions. The first motion was to exclude his prior DWI convictions based upon a violation of the ex post facto clause, while the second motion was to exclude the prior convictions due to the statute of limitations.
On June 26, 2000, the court held Zangerl's pretrial hearing. At the hearing, defense counsel informed the court that Zangerl's pretrial motions "[were] of a variety that can be dealt with by the Court, based on the motions and perhaps, briefs[,]" but that Zangerl "would not need an evidentiary hearing on those." The court then "ma e the briefs due" on July 11, 2000, and reset the trial for August 10, 2000. The jury trial did not take place on July 6, 2000, and no explanation for this is contained in the record.
On August 16, 2000, which was six days after the scheduled trial date, the court reset the trial date for October 12, 2000, and stated the reason as "docket congestion, older case tried[.]" On October 19, 2000, which was seven days after the scheduled trial date, the court reset the case for January 4, 2001, and stated the reason as "Defendant's request, waiting on a brief from Mr. Molock[.]" On January 11, 2001, which was seven days after the scheduled trial date, the court again reset the trial for February 13, 2001, at the State's request. On January 23, 2001, the circuit court entered its order denying Zangerl's two motions to exclude prior DWI convictions. On January 30, 2001, Zangerl waived his right to a jury trial. On March 1, 2001, the court reset the case for a non-jury trial to be held on April 16, 2001.
On April 9, 2001, Zangerl filed his motion to dismiss based on an alleged violation of his right to a speedy trial. In his brief-in- support of the motion, Zangerl conceded that 181 days should be charged to him in the speedy-trial calculations. On April 16, 2001, the motion was heard before Zangerl's bench trial. At the hearing, Zangerl argued that his right to a speedy trial had been violated in that he was tried on the 566th day following his arrest on August 25, 1999. He then conceded that the following time periods should be charged to him: September 16, 1999, to November 9, 1999, for continuances at his request; June 21, 2000, to July 26, 2000, for the time in which his motion to exclude prior convictions was filed and heard; July 6, 2000, to August 8, 2000,
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