State v. Beynon

484 N.W.2d 898, 1992 S.D. LEXIS 49, 1992 WL 86378
CourtSouth Dakota Supreme Court
DecidedApril 29, 1992
Docket17529
StatusPublished
Cited by22 cases

This text of 484 N.W.2d 898 (State v. Beynon) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Beynon, 484 N.W.2d 898, 1992 S.D. LEXIS 49, 1992 WL 86378 (S.D. 1992).

Opinions

WUEST, Justice.

Defendant (Beynon) was found guilty by a Clark County Jury of aggravated assault upon a law enforcement officer in violation of SDCL 22-18-1.1(3).1 The trial court sentenced Beynon to twelve years in the South Dakota State Penitentiary with three years suspended upon certain conditions. Bey-non filed a motion for a new trial which was denied. Beynon appeals raising the following issues:

1. Whether the State failed to prosecute Beynon within 180 days in violation of SDCL 23A-44-5.1.
2. Whether the trial court erred by admitting the officer’s police reports as evidence.
3. Whether the trial court erred in denying Beynon’s motion for a new trial based upon newly discovered evidence.
4. Whether the jury verdict was sufficiently supported by the evidence.
5. Whether Beynon’s due process rights were violated due to ineffective assistance of counsel.

We affirm.

During the trial, Officer James Lentsch of the Clark City Police Department testified as follows. At approximately 1:30 A.M., on May 3, 1990, Officer Lentsch was seated in his patrol car monitoring traffic in the city of Clark on Highway 212. Lentsch’s patrol car was positioned in the south end of an alley which intersects Highway 212 in the middle of a residential area. At the time, Lentsch was visiting with Bill Holmes who was standing next to the patrol car with his friend Penney Leetch. Lentsch was fully uniformed at the time in question. His patrol car was clearly marked as a police vehicle.

Suddenly, a vehicle came sliding around the corner at the north end of the alley, sped through the alley and screeched to a halt behind the patrol car. Lentsch asked Holmes to call for “back-up” if any trouble developed. As the individual charged the patrol ear, Lentsch recognized him as Bey-non. Beynon then jerked open the door of the patrol car, reached inside, and grabbed Officer Lentsch by the front of his uniform with both hands. At this time, Holmes and Leetch left to get help.

Visibly upset, Beynon tried to jerk Lentsch out of the patrol car shouting, “I’m tired of you fucking with my family. I want to settle this once and for all.”2 The officer freed himself from Beynon’s grasp and picked up his flashlight as he began to exit the patrol ear. Beynon continued to use obscenities toward Lentsch and then grabbed for the flashlight which flew up and struck Lentsch in the chin. Once out of the patrol car, Lentsch and Beynon struggled over possession of the flashlight until finally the officer released the flashlight and pushed Beynon away. Beynon tossed the flashlight on the ground. Beynon then punched Officer Lentsch in the jaw with a closed fist. This blow caused Lentsch pain and “dazzled [him] a little bit.” Beynon then swung again, but the now prepared Officer Lentsch was able to move out of the way. At that point, Beynon lost his balance and went down on one hand and one knee. Officer Lentsch then told Beynon he was under arrest and tried to detain him. [901]*901When the officer grasped Beynon’s shoulders, Beynon maneuvered away from him, and the two ended up wrestling on the ground.

Holmes and Leetch testified they saw the beginning and the end of the altercation. Neither of them saw Beynon actually strike the officer, however, since they had retreated inside a residence to call for assistance. When they returned, they saw Lentsch and Beynon wrestling on the ground. At that point, Beynon said “I give up, handcuff me.” As the officer reached for his handcuffs, Beynon flipped around causing the officer to lose his grip and his balance. Beynon then escaped and fled into the street on foot. Officer Lentsch did not pursue Beynon at that time but chose to wait for back-up. Beynon was apprehended later that day.

During the scuffle, Beynon ripped the buttons off the officer’s uniform and tore his T-shirt all the way up the side. In addition, Lentsch’s elbow had an abrasion or cut which was bleeding, and he developed a black eye. Photographs of these injuries were admitted into evidence. We will discuss further facts relevant to each issue discussed.

I.

Beynon made his initial appearance before a magistrate on May 3, 1990. After Beynon’s initial appearance, he hired attorney Sean O’Brien (O’Brien), and the matter proceeded to trial. On October 1, 1990, only seventeen days prior to the scheduled trial date of October 18, Beynon’s attorney filed a motion seeking the court’s permission to withdraw. This motion to withdraw was primarily based on Beynon’s disagreement with the manner in which attorney O’Brien was handling the case as well as fee collection problems.

After hearing attorney O’Brien’s request to withdraw, the court asked the prosecution for comments. The State’s Attorney objected to the withdrawal as it would cause a delay beyond the 180-day speedy trial period provided in SDCL 23A-44-5.1 (180-day rule) and asked for a waiver.3 The court then addressed Beynon as follows:

THE COURT: Mr. Beynon, do you understand the rule is that your case should be tried within 180 days from your first appearance in court and if I grant the Motion now for Mr. O’Brien to withdraw, and you obtain new counsel, and he needs to prepare, he or she, it may take more than that 180-days. Are you willing to let that ride for beyond that 180 days?
DEPENDANT BEYNON: Yes, I am. THE COURT: O.K.
DEFENDANT BEYNON: I don’t feel I have any choice.
THE COURT: But that would be your preference; you would rather have the Motion granted so you could get other counsel, even if it were going to take more than the 180 days?
DEFENDANT BEYNON: Yes.
THE COURT: Well, alright. I’m going to grant the Motion, Mr. O’Brien, and allow you to withdraw from counsel for Mr. Beynon.

Three days later, after Beynon applied for court-appointed counsel, the trial court entered a written order of withdrawal, allowing O’Brien to withdraw. On that same date, the court appointed Attorney Vincent Foley (Foley) as Beynon’s new counsel. Beynon’s trial commenced November 29, 1990, despite Beynon’s claim that the 180-day period had run.

Beynon asserts the trial court should have dismissed the action based [902]*902upon the State’s failure to prosecute him within 180 days of his initial appearance in violation of SDCL 23A-44-5.1. Beynon argues the State violated the 180-day rule because it made no motion for good cause extension, and because the court did not enter an order finding that “good cause” existed for the delay.

Beynon’s argument hinges on his assertion that he did not waive his statutory right to a speedy trial. Beynon relies on the fact that his new trial counsel did not request additional time to prepare.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Timmons
974 N.W.2d 881 (South Dakota Supreme Court, 2022)
Commonwealth v. Raboin, T., Aplt.
Supreme Court of Pennsylvania, 2021
v. Rieger
2019 COA 14 (Colorado Court of Appeals, 2019)
Johnson v. O'farrell
2010 SD 68 (South Dakota Supreme Court, 2010)
State v. Buchhold
2007 SD 15 (South Dakota Supreme Court, 2007)
Noelle Dubray v. South Dakota Department of Social Services
2004 SD 130 (South Dakota Supreme Court, 2004)
Dubray v. South Dakota Department of Social Services
2004 SD 130 (South Dakota Supreme Court, 2004)
State v. Midgett
2004 SD 57 (South Dakota Supreme Court, 2004)
State v. Cottrill
2003 SD 38 (South Dakota Supreme Court, 2003)
State v. LaPlante
2002 SD 95 (South Dakota Supreme Court, 2002)
Hays v. Weber
2002 SD 59 (South Dakota Supreme Court, 2002)
State v. Stepner
1999 SD 40 (South Dakota Supreme Court, 1999)
State v. Barber
1996 SD 96 (South Dakota Supreme Court, 1996)
State v. Bahm
494 N.W.2d 177 (South Dakota Supreme Court, 1992)
State v. Martin
493 N.W.2d 223 (South Dakota Supreme Court, 1992)
State v. Beynon
484 N.W.2d 898 (South Dakota Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
484 N.W.2d 898, 1992 S.D. LEXIS 49, 1992 WL 86378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beynon-sd-1992.