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State v. Petty8/3/2004
Robert M. Petty was charged in the county court for Douglas County with the offenses of driving under the influence (third offense), driving under suspension, and driving without lights. Petty filed a motion for discharge, alleging that the State failed to bring him to trial within 6 months, as required by Neb. Rev. Stat. § 29-1207 (Reissue 1995). Petty's motion was denied by the county court, which decision was affirmed by the district court. For reasons that differ from those of the courts below, we affirm.
BACKGROUND
On July 17, 2002, the State filed complaints charging Petty with the offenses of operating a motor vehicle while under the influence (third offense), driving under suspension, and driving without lights. On July 26, Petty entered pleas of not guilty to all counts, and the case was transferred to the jury docket. The court found Petty to be indigent and appointed a public defender to represent him. On July 31, the court entered an order scheduling the case for trial before the jury panel during the period of September 10 through 20 and setting a pretrial conference for August 9. Petty appeared personally with his counsel on August 9 as ordered, and the court set a trial date of September 10.
On September 10, 2002, Petty's counsel and the prosecutor appeared before the court, but Petty failed to appear. Petty's counsel indicated that Petty was incarcerated in Colorado. The court issued a capias for Petty's arrest, and bond was set at $25,000. A bench warrant, dated September 11, 2002, and filed February 4, 2003, indicates that an amended complaint was filed alleging that Petty had committed the offense of failing to appear or comply with citation. Argument by the prosecutor at the hearing on Petty's motion for discharge suggests that Petty was arrested on February 2. Petty posted bond on February 4.
Petty appeared in court on February 24, 2003. The county court again found Petty to be indigent, appointed a public defender to represent Petty, entered pleas of not guilty on all four charges, and transferred the case to the jury docket.
On March 6, 2003, the county court entered an order scheduling Petty's case for trial before the jury panel for April 1 through 11, 2003. The court also ordered Petty to appear in court for a pretrial hearing on March 14. On March 14, Petty's counsel and the prosecutor were present, but Petty failed to appear. The court issued a second capias for Petty's arrest and reset a bond of $25,000. Petty's appearance bond was forfeited. Petty's counsel was unaware of Petty's location.
Petty made two court appearances on March 20, 2003. During his first appearance, the county court canceled the capias and Petty's counsel advised the court that he would be filing a motion to suppress. During Petty's second appearance, he waived his right to a jury trial. The court found Petty's waiver to be valid and advised Petty and his counsel to "step over to the bailiffs" to obtain a bench trial date. The court's journal entry and order of March 20 reflects that Petty's case was set for a bench trial on July 14 at 9 a.m.
On July 2, 2003, Petty filed a motion to discharge alleging a violation of his constitutional and statutory right to a speedy trial. Petty also filed a motion to suppress evidence on that date. Following a July 8 hearing, the court filed a journal entry and order continuing the hearing of Petty's motion to suppress until July 17 and setting trial for July 18. The court heard Petty's motion to discharge on July 10. After hearing arguments from counsel, the court stated from the bench:
Well, this Court is going to take notice of a number of things. And while we are an extremely efficient system, every
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