 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Loera8/14/1990
The state appealed from the trial court's order dismissing charges against Reginald Loera because he was in federal custody and could not be given a speedy trial in accordance with Rule 8, A.R.Crim.P. We reverse and remand.
The essential facts are not in dispute. Loera was involved in an automobile accident on the border of the Fort Mohave Indian Reservation. Where the accident occurred, the center line of the highway marked the border between the reservation and Mohave County. Loera allegedly crossed the center, from the non-reservation side to the reservation side, where he struck another vehicle, killing the driver and injuring her son.
On August 28, 1988, state authorities arrested Loera for driving under the influence of intoxicating liquor (DUI), a misdemeanor. He then was released. Subsequently, the state learned that Loera had prior DUI offenses and filed a felony complaint against him. Loera made an initial appearance on the complaint and was released on September 23, 1988. Six days later, he was indicted by the Mohave County grand jury. When Loera failed to appear for arraignment on October 7, 14, and 28, 1988, the Mohave County Superior Court issued a bench warrant for him.
Meanwhile, Indian authorities had arrested Loera and taken him to Phoenix to face federal attempted murder and manslaughter charges arising out of the same incident. While in federal custody, Loera was detained in a Maricopa County jail. He made his initial appearance in federal court on September 30, 1988. On October 5, 1988, Loera had his federal preliminary and detention hearings. Federal defense counsel requested that Loera be transported to Mohave County, but the United States Magistrate decided that by the terms of Loera's detention order, Loera could not travel, even for the purpose of appearing in state court.
Loera's counsel continued to try to have Loera returned to Mohave County without success. The United States Magistrate remained concerned that if Loera were taken to Mohave County, federal authorities would not be able to regain custody of him until the county proceedings were finished. For that reason, the magistrate refused to allow Loera to return to Mohave County.
While the efforts to transport Loera primarily were made by the defense, the state
did obtain a bench warrant for Loera, which served as the basis for a detainer filed by the state with the federal authorities. The state declined to do more to obtain custody until after the federal proceedings had concluded, believing that it would be futile.
On March 15, 1989, Loera filed a motion to dismiss, contending that his state right to a speedy trial had been violated, relying upon Rule 8, A.R.Crim.P., and Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). The state responded that all of the time dating from Loera's arrest by federal authorities was excludable from Rule 8 requirements. The trial court dismissed with prejudice the charges against Loera on April 6, 1989.
On appeal, the state argues that the Rule 8 time limits could not be held to have expired because it could not bring Loera from federal custody to face the state charges. Loera contends that the state was required to take steps to return him to Mohave County for arraignment. Because the state failed to do so, and indicated that it would do no more than to file the detainer, Loera claims that the trial court properly dismissed the charges against him. He adds that the state could have issued a writ of habeas corpus ad prosequendum to bring him back to Mohave County.
It is generally true th
Page 1 2 3 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|