 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Davis4/1/2005
duct of both the prosecution and defendant are weighed, which test of necessity compels the court to approach speedy trial cases on an ad hoc basis. In the Barker case the court discussed four specific factors: (1) the length of the delay, (2) the reason for the delay, (3) whether the defendant asserted a claim to his right, and (4) whether defendant was prejudiced by the delay.
Bishop, 493 S.W.2d at 83-84. We have previously determined that the right to a speedy trial encompasses the sentencing proceedings in a criminal prosecution. See State v. Joseph Hart, No. 02C01-9902-CC- 00075, 1999 WL 737780 (Tenn. Crim. App. Sept. 20, 1999). On appeal, the trial court's determinations as to speedy trial violations are reviewed for abuse of discretion. See State v. Jefferson, 938 S.W.2d 1 (Tenn. Crim. App. 1996).
We now will apply these considerations in determining whether the defendant was denied her right to a speedy trial.
A. Length of Delay
Our supreme court concluded a delay of thirteen years, as occurred in State v. Wood, 924 S.W.2d 342, 346 (Tenn. 1996), was a factor weighing "favorably for the defendant" and clearly required an analysis of the remaining factors. However, in that case, the defendant was incarcerated in Alabama, and Tennessee made no effort to return him for trial. In the present case, by contrast, the defendant was on bond and failed to appear at a court setting and remained out of custody for ten years. She seeks an advantage from the lengthy delay for which the trial court determined, and we agree, she solely is at fault. While this fact may make it unnecessary for us to consider the additional Barker factors, we will do so because of the possibility of further appellate review.
B. Reason for Delay
The defendant argues on appeal that " t is unclear how , who knew nothing about the problem, was held responsible for not following through with an obligation she did not have." To support this argument, she asserts that either the prosecutor "failed" to present the judgment form to the trial court or, if it was presented, the trial court "failed" to sign it. Further, according to her argument, the 1992 sentencing procedure is suspect, it being "unclear on what legal basis [the defendant] could be ordered to serve a sentence in jail and pay a fine before a judgment is entered." The trial court then compounded this error, according to the defendant, when on October 23, 1992, it issued a capias for her "to answer an indictment for DUI and Reckless Driving." Thus, although she had "fully complied with her obligations" on October 23, 1992, by paying the court costs, "the State, the Clerk and the Sheriff did nothing for over ten (10) years." We disagree with each of these arguments because they ignore the key facts that the trial court reset the case from September 24, 1992, at the defendant's request, and only excused her appearance if she had paid the fine, costs, and restitution, which she had not. Her failure to appear and remaining out of custody for ten years were the sole causes of the delay.
C. Demand for a Speedy Trial
As to this consideration, the defendant argues that " o case requires a person who is unaware charges are pending against them demand a speedy trial." The defendant neglects to explain how, in making the partial payment on the fine and costs, she could not have known that she had not paid the total amount. While she may have been unaware of exactly what had occurred after she failed either to show she had completed her sentence or appear in court at the next setting, she should have been aware there would be consequences of this breach. Further, we note that letters sent to the def
Page 1 2 3 4 5 6 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|