Emery v. State

Supreme Court of Arkansas

Emery v. State

489 S.W.2d 17, 253 Ark. 768, 1973 Ark. LEXIS 1656

CourtSupreme Court of Arkansas

DecidedJanuary 15, 1973

Docket5797

StatusPublished

Cited by1 cases

This text of 489 S.W.2d 17 (Emery v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Emery v. State, 489 S.W.2d 17, 253 Ark. 768, 1973 Ark. LEXIS 1656 (Ark. 1973).

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Opinion

Conley Byrd, Justice.

Appellant Charles Timothy Emery filed a motion to dismiss the charges of burglary and grand larceny against him for failure to prosecute within the time limits set out in Ark. Stat. Ann. § 43-1708 (Repl. 1964), but before the motion was ruled on by the court, he entered a plea of guilty. After sentence, he filed a post conviction petition to set aside his convictions on the basis that his constitutional right to a speedy trial had been violated. The trial court denied his post conviction petition on the basis that his guilty plea voluntarily waived his alleged right to a speedy trial. We agree. See McDonald v. State, 253 Ark. 23, 484 S.W. 2d 345 (1972), and People v. DeCola, 15 Ill. 2d 527, 155 N.E. 2d 622 (1958).

Furthermore, we have not found in the record where a delay of more than two terms has occurred except upon the application of appellant or because of his absence.

Affirmed.

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Conley Byrd, Justice.

Appellant Charles Timothy Emery filed a motion to dismiss the charges of burglary and grand larceny against him for failure to prosecute within the time limits set out in Ark. Stat. Ann. § 43-1708 (Repl. 1964), but before the motion was ruled on by the court, he entered a plea of guilty. After sentence, he filed a post conviction petition to set aside his convictions on the basis that his constitutional right to a speedy trial had been violated. The trial court denied his post conviction petition on the basis that his guilty plea voluntarily waived his alleged right to a speedy trial. We agree. See McDonald v. State, 253 Ark. 23, 484 S.W. 2d 345 (1972), and People v. DeCola, 15 Ill. 2d 527, 155 N.E. 2d 622 (1958).

Furthermore, we have not found in the record where a delay of more than two terms has occurred except upon the application of appellant or because of his absence.

Affirmed.

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489 S.W.2d 17, 253 Ark. 768, 1973 Ark. LEXIS 1656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emery-v-state-ark-1973.

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