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State v. Kipp8/25/1999
APPEAL FROM: District Court of the Ninth Judicial District, In and for the County of Glacier, The Honorable Marc G. Buyske, Judge presiding.
Submitted on Briefs: February 11, 1999
On August 29, 1996, Brenda Kipp was charged by information filed in the District Court for the Ninth Judicial District in Glacier County with the following offenses: driving a motor vehicle while under the influence of alcohol, a fourth offense, in violation of §§ 61-8-401(1)(a) and -722(4), MCA (1995); failure to give notice of an accident by the quickest means available, in violation of § 61-7-108, MCA (1995); failure to stop and identify herself after striking an unattended vehicle, in violation of § 61-7-106, MCA (1995); driving while her privilege to do so was suspended or revoked, in violation of § 61-5-212(1), MCA (1995); and operating a motor vehicle without liability insurance protection in effect, in violation of § 61-6-304(1), MCA (1995). Kipp filed a motion to quash the use of any evidence of her previous DUI convictions in tribal court and a motion to dismiss the charges based on her belief that the State violated her right to a speedy trial. The District Court denied both motions. Kipp pled guilty to the charges and appealed the District Court's denial of her motion to quash and motion to dismiss. We reverse the judgment of the District Court.
The dispositive issue on appeal is:
Did the State violate Kipp's right to a speedy trial?
FACTUAL BACKGROUND
On August 20, 1996, a witness called the Glacier County Sheriff's Office to report an automobile accident which occurred on Central Avenue in Cut Bank. Kipp was stopped near the scene and arrested for driving under the influence of alcohol. She was charged by information in District Court on August 27, 1996, and trial was set for February 24, 1997. On January 14, 1997, Kipp filed a motion to quash any reference to her tribal court convictions for driving under the influence of alcohol and filed a second motion to quash on January 29, 1997. The District Court held a hearing on the motions on February 5, 1997. A hearing for supplemental argument and to set a new trial date was held on March 5, 1997. The parties requested that the issue be submitted on briefs, and the District Court set a briefing schedule by which the motion was deemed submitted when Kipp's reply brief was filed on March 14, 1997. The District Court minute record from the March 5 hearing states that after the ruling, "the parties will advise if a new trial date will be required." The District Court denied the motions on April 18, 1997.
On September 4, 1997, the parties appeared in District Court and the State requested that the District Court set a trial date. The order setting trial for October 10, 1997, was mailed to the parties on September 5, 1997, and Kipp filed a motion to dismiss for lack of speedy trial on September 23, 1997. At a hearing the next day, Kipp informed the District Court that she would plead guilty in the event that her motion was denied. The District Court vacated the trial date and stated that it would wait to set a date for the change of plea hearing until after it ruled on the motion. The District Court denied the motion and set a hearing for change of plea for November 19, 1997. Kipp requested a continuance at that hearing and subsequently pled guilty to all charges, subject to reservation of her right to appeal, on December 3, 1997.
DISCUSSION
Did the State violate Kipp's right to a speedy trial?
Kipp contends that the District Court incorrectly concluded that the State did not violate her right to a speedy trial. Whether a defendant has been d
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