State v. Davis4/1/2005
PROCEDURAL HISTORY
The defendant was indicted on September 11, 1991, by the Knox County Grand Jury for DUI and reckless driving, offenses alleged to have occurred in February 1991. She waived her right to a jury trial and pled guilty to DUI on June 4, 1992. The trial court sentenced her to eleven months, twenty-nine days, suspended except for forty-eight hours, and ordered her to pay a $250 fine and $700 in restitution to the victim. The trial court also approved the defendant's request to serve her time in Hamblen County, gave her two hours of jail credit, and reserved entry of the judgment until September 24, 1992.
Because the defendant apparently was in the process of being transferred to Texas by her employer at the time of the guilty plea hearing, the trial court excused her from appearing at the next setting, if she had paid her fine, costs, and restitution. At that setting, on September 24, 1992, defense counsel reported to the court that the defendant was living in Texas because of her job and had paid $258 of the court costs, which totaled $625.50, but was not present in court. He also reported that " s far as kn w," restitution had been paid because the defendant had insurance. However, since counsel was not able to provide verification either that the defendant had actually paid the restitution or served her time in the Hamblen County Jail, the trial court reset the matter until October 23, 1992, for these showings to be made. On that date, defense counsel again appeared in court without the defendant and advised that he had lost contact with her:
[DEFENSE COUNSEL]: When I last appeared, your Honor had not received a letter from the Sheriff in Hamblen County. I don't believe [the defendant] paid the balance of her fine and costs, had she?
THE COURT: No.
[DEFENSE COUNSEL]: I wrote her a letter and told her that absolutely had to be done by today, and I have not heard from her. I wish I had better news, but -
THE COURT: Well - she's not been in touch with you?
[DEFENSE COUNSEL]: No, your Honor.
THE COURT: All right. Let's take a forfeiture.
That same day, the court issued a capias for the arrest of the defendant and a scire facias notifying the bonding company of the forfeiture. An October 26, 1992, certified letter from the Knox County Criminal Court Clerk's Office, addressed to the defendant at a street address in Morristown, Tennessee, to inform her of the forfeiture and failure to appear, was returned to the court clerk's office as "unclaimed."
The capias was served on the defendant and she was taken into custody ten years later on either October 29 or October 30, 2002, and released on her own recognizance on October 30, 2002. On November 1, 2002, her new counsel made an oral motion, arguing that, at the time of the defendant's new arrest, the 1992 capias was void, pursuant to Tennessee Code Annotated section 40-6-206, because it was more than five years old. Agreeing with this argument, the trial court entered an order on February 4, 2003, declaring that the capias was "void and of no effect." On June 23, 2003, after another capias was issued for the defendant's arrest, the case was placed in the " nactive file." On July 2, 2003, the trial court set aside this second capias "on payment of costs" and continued the case until August 1, 2003, for entry of judgment.
On July 22, 2003, the defendant filed a motion to dismiss, alleging that she had completed her sentence, that the 1992 capias was void because more than five years had passed since its issuance, and that she had been denied a speedy trial. The trial court denied the motion on October
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