 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Timmerman10/5/2004
e during which an appeal is pending before an appellate court is excluded from speedy trial calculations. See State v. Feldhacker, 11 Neb. App. 608, 657 N.W.2d 655 (2003). Thus, the time during which Timmerman's appeal has been pending before this court is excluded.
In sum, when the court ruled on Timmerman's motion for discharge, 2 days remained on the speedy trial clock, plus there is an additional 56 (41+15) days of excludable time. Thus, under the Nebraska speedy trial act, there are 58 days remaining in which to bring Timmerman to trial, beginning when the district court takes action on the mandate.
Application to Misdemeanor Offenses
Timmerman also contends that the statutory speedy trial time has run on the misdemeanor offenses because the time from the filing of the complaint in county court must be tacked onto the time that the case was pending in district court.
[7,8] Although Nebraska's speedy trial act expressly refers to indictments and informations, the act also applies to prosecutions on complaint. State v. French, 262 Neb. 664, 633 N.W.2d 908 (2001); State v. Hutton, 11 Neb. App. 286, 648 N.W.2d 322 (2002). In cases commenced and tried in county court, the 6-month period within which an accused must be brought to trial begins to run on the date the complaint is filed. Id.
In the instant case, although the misdemeanors were originally charged in the county court, it is clear that the State intended that the misdemeanors be tried not in the county court, but in the district court along with the felony. Thus, the time that the complaint was pending in the county court is not tacked on for speedy trial purposes.
Furthermore, we note that Neb. Rev. Stat. § 29-2002(1) (Reissue 1995) provides:
Two or more offenses may be charged in the same indictment, information, or complaint in a separate count for each offense if the offenses charged, whether felonies or misdemeanors, or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
Since the misdemeanors charged in the instant case (driving during suspension, refusal to submit to a chemical test, and refusal to submit to a preliminary breath test) were based on the same transaction as the felony charge (driving under the influence of alcohol), these counts were properly charged in the same information. Where misdemeanor counts are filed with a felony count in a complaint in county court and then the felony count is filed with those same misdemeanor counts in an information in district court, it is evidence of the State's intent to try the charges together. Additionally, we note that trying these counts together conserves judicial resources, because the alleged of-fenses arose out of the same transaction. However, we do note that factual scenarios which differ from those in the instant case could produce a different result.
CONCLUSION
Having found that Timmerman's statutory right to a speedy trial has not been violated on either the felony charge or the misdemeanor charges, we affirm the decision of the district court denying Timmerman's motion for discharge.
Affirmed.
Page 1 2 3 Nebraska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|