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State v. Baker3/27/1996
The State of Texas appeals the trial court's order granting Clifton Hymen Baker's motion to dismiss an information for failure to afford a speedy trial. Because the trial court did not abuse its discretion in dismissing the case, we affirm.
FACTUAL BACKGROUND
On June 15, 1991, police arrested Baker in Collin County for driving while intoxicated. The police took Baker, however, to a jail in Dallas County. Baker testified he thought he was in Dallas and not in Collin County when he was arrested.
At the time of his arrest, the address of Baker's business appeared on his driver's license. Baker said, however, that he gave the police his correct residential address at 6600 Roundrock Trail, Apartment 1606. He said when he was asked where that was, he explained it was near Spring Creek Boulevard. On Baker's personal bond, his address appeared as "6600 SPRING CREEK PK." Baker said he did not "pick up" on this mistake because the address was "already typed in" when he signed the bond.
While at the Dallas jail, no one told Baker he was charged with an offense that occurred in Collin County. Upon Baker's release from jail, he received a form advising him to appear in July at the Frank Crowley Courts Building in Dallas to check the criminal misdemeanor bulletin board for his court assignment. The day after his arrest, Baker hired an attorney to represent him. The attorney went to the Crowley Courts Building at least twice to find out about the court setting and to check for outstanding warrants, but he found no information on either. By December 1991, the attorney and Baker thought the case had been dropped.
Meanwhile, however, in August the State charged Baker in Collin County with driving while intoxicated based on his June arrest. Baker's address on the information was listed as "3600 Spring Creek #1606." A notice to appear in a Collin County court on October 16, 1991 was mailed to that address. After Baker failed to appear before the Collin County court, the court issued a warrant for Baker's arrest. Contrary to normal practice, however, the warrant was not entered into the computer system of the Collin County Sheriff's Department.
In December 1994, Baker first learned of the pending warrant in Collin County. That same month he filed a motion for speedy trial and a motion to dismiss the information for failure to afford a speedy trial. At the hearing on the motion to dismiss, Baker said he was upset and embarrassed to learn of the pending charges against him in Collin County. He said he would have appeared on the scheduled court date in Collin County if he had known about it. He also said his ability to defend himself against the driving while intoxicated charge was impaired because his memory of the evening of his arrest had faded. Baker said he had probably been with other people that evening because he often took clients to dinner, but he could not remember who might have been with him or even where he might have been. He said he also often sees other people he knows when he goes out, but could not recall any potential witnesses who could offer testimony on his behalf, such as how much he had drunk that evening. He also could not remember what he had eaten.
Baker's phone number appeared on his personal bond. Baker testified the business address that appeared on his driver's license at the time of his arrest was "listed" in the telephone directory along with his business phone number. He testified he had moved about two years before the hearing and that his current driver's license showed his correct address, which was both a business and residential address. Baker also testified he was registered to vote in Collin County
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