Giles v. State

908 S.W.2d 303, 1995 Tex. App. LEXIS 2382, 1995 WL 571889
CourtCourt of Appeals of Texas
DecidedSeptember 28, 1995
DocketNo. 08-94-00218-CR
StatusPublished
Cited by5 cases

This text of 908 S.W.2d 303 (Giles v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Giles v. State, 908 S.W.2d 303, 1995 Tex. App. LEXIS 2382, 1995 WL 571889 (Tex. Ct. App. 1995).

Opinion

OPINION

CHEW, Justice.

This is an appeal from a conviction for the offense of sexual performance by a child. A jury found the appellant, Elbert Glynn Giles, guilty and assessed punishment at 20 years’ confinement in the Texas Department of Criminal Justice — Institutional Division and a $1,000 fine. We affirm.

Discussion

Giles alleges that his conviction should be reversed on two grounds. First, he alleges that the State violated the Interstate Agreement on Detainer Act (IADA) by returning him to federal custody before the State tried him. Second, Giles alleges that the State failed to try him within 120 days of the date the State obtained custody of him, also thereby violating the IADA.

[304]*304Facts Relevant to Giles’ IADA Points of Error

The State of Texas indicted Giles for the offenses of indecency with a child and aggravated sexual assault of a child on October 10, 1990. Giles was then in federal custody on similar charges. Giles was convicted of the federal charges, and appealed his federal conviction. On May 14, 1992, during the pendency of his federal appeal, Giles was transferred from federal custody to the custody of the El Paso County Detention Facility pursuant to a request by the State, the receiving jurisdiction, in accordance with the provisions of the IADA. The IADA is codified in Texas as Tex.Code CRIM.PROcAnn art. 51.14 (Vernon 1979).

Giles filed a motion to suppress evidence, which the trial court granted on August 19, 1992. The trial court signed the order on August 20, 1992. On August 19, 1992, the State filed a notice of appeal. Giles’ state case remained on the State’s appeal until June 24, 1994, when this Court issued its mandate affirming the trial court’s order. Meanwhile, Giles’ federal conviction was reversed and remanded for new trial. On September 4, 1992, while the State’s appeal was pending, U.S. Marshals arrived at the El Paso County Detention Facility and, on the basis of a federal order for writ of habeas corpus ad prosequendum, secured Giles and transported him to federal custody to face his new federal trial. After some negotiation, Giles pled guilty to his federal charges on February 17, 1998. U.S. Marshals returned him to the El Paso County Detention Facility on either March 11 or March 12, 1993.

On July 2, 1994, Giles filed a motion to dismiss his State charges based on the State’s failure to try him within 120 days of receiving custody pursuant to the IADA. The trial court conducted a hearing on the motion and denied relief on July 11, 1994, finding that the State’s appeal had tolled the running of the 120 days. The State of Texas commenced Giles’ trial on July 15, 1994 by conducting voir dire, choosing the jury, and swearing the jury. Testimony did not begin until July 20, 1994. Prior to the start of testimony, Giles filed an additional motion to dismiss pursuant to the IADA based on his transfer back to federal authorities before the State of Texas tried him.

Kelly Aguilar, the lead prosecutor on Giles’ case, testified at the hearing on Giles’ motion to dismiss the indictments. Aguilar stated that no one ever notified her that Giles was to be returned to federal custody. Aguilar did not become aware that Giles had been absent from the El Paso County Detention Facility until he filed his motion to dismiss on July 20, 1994. If Aguilar had known of the federal habeas corpus, she would have made a protest or objection to Giles’ release because of the state charges. Donald Marshall, a sergeant with the El Paso County Sheriff Department, testified that his duties include oversight of transfer of prisoners to .and from the El Paso County Detention Facility. Marshall stated that he is aware of the requirements of the IADA, but he was never consulted about, or informed of, Giles’ release. Marshall further testified that when federal officials present El Paso County Detention Facility officers with a writ signed by a federal magistrate, as was the case here, “[t]hey just walk in and away goes your state prisoners....” Pedro Frias, the El Paso County Deputy Sheriff who signed the release for Giles’ return to federal custody, testified that federal marshals presented a writ of habeas corpus signed by a federal magistrate for Giles. Frias stated that in that situation, a prisoner is released to federal custody without question and without notice to the district attorney’s office or to anyone else. Frias followed that regular procedure in this case.

Purpose of the IADA

The IADA is a compact among member states, the United States, the territories and possessions of the United States, the District of' Columbia, and the Commonwealth of Puerto Rico. Bell v. State, 768 S.W.2d 790, 800 (Tex.App. — Houston [14th Dist.] 1989, pet. ref'd). The agreement is a congressionally sanctioned interstate compact within the Compact Clause, U.S. Const. art. I, § 10, cl. 3, and thus is a federal law subject to federal construction. Cuyler v. Adams, 449 U.S. 433, 438-42, 101 S.Ct. 703, 706-08, 66 L.Ed.2d 641, 647-50 (1981).

[305]*305The IADA establishes a uniform .set of procedures for temporarily transferring a prisoner incarcerated in one jurisdiction to the custody of another jurisdiction so that criminal charges pending in the receiving jurisdiction may be resolved. See Koehler v. State, 653 S.W.2d 617, 619 (Tex.App. — San Antonio 1983), reversed on other grounds, 679 S.W.2d 6 (Tex.Crim.App.1984); Tex.Code CrimProcAnn. art. 51.14, Article I. The agreement was enacted because of the adverse effects on the rehabilitation of prisoners against whom detainers from other jurisdictions have been lodged. United States v. Mauro, 436 U.S. 340, 349-51, 98 S.Ct. 1834, 1841-43, 56 L.Ed.2d 329, 340-41 (1978). The agreement was adopted to “encourage the expeditious disposition of charges giving rise to detainers by providing cooperative procedures among member states to facilitate such disposition.” United States v. Umbower, 602 F.2d 754, 756 (5th Cir.1979). Tex.Code Crim.Proc.Ann. art. 51.14, Article I describes the purpose of the act as follows:

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informa-tions, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, in-formations or complaints. Tex.Code Crim. ProcAnn. art. 51.14, Article I.

Alleged Violations of the IADA

We address Giles’ IADA points of error together. In his first point of error, Giles alleges that his indictment should have been dismissed pursuant to Tex.Code CrimProc. Ann. art.

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Bluebook (online)
908 S.W.2d 303, 1995 Tex. App. LEXIS 2382, 1995 WL 571889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giles-v-state-texapp-1995.