State v. Branstetter

107 S.W.3d 465, 2003 Mo. App. LEXIS 828, 2003 WL 21312679
Missouri Court of Appeals·Decided June 10, 2003·No. No. WD 60916·Published·Cited by 6 cases

Opinion

HAROLD L. LOWENSTEIN, Judge.

Donald Branstetter appeals from his conviction for felony stealing, section 570.030, and sentence of ten years of imprisonment as a prior and persistent offender, to be served consecutively to his existing sentences.1 Branstetter’s only claim on appeal is that the trial court erred in denying his motion to dismiss based on the fact he was not brought to trial on the charge within 180 days, pursuant to the requirements of the Uniform Mandatory Disposition of Detainers Law (“UMDDL”), §§ 217.450-217.485.2 He asserts that due to the State’s failure to timely try him, the trial court lost subject matter jurisdiction. The facts of this case bring into focus the potential effects of a writ of habeas corpus ad prosequendum on the law of detainers in Missouri.

FACTS

The record on appeal reveals the following timeline:

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July 14, 2000 Arrest warrant served on the defendant.

July 19, 2000 Defendant delivered to the Missouri Department of Corrections (“DOC”) to begin serving a sentence for an unrelated crime.

August 21,2000 Defendant files a pro se “Demand for Speedy Trial and Final Disposition of Detainers Pursuant to Art. I, Section 18(A) of the Missouri Constitution and RSMo. 217.450” with the court and the prosecutor.

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August 30, 2000 .Prosecutor files application for a second writ of habeas corpus ad prosequendum; writ granted and issued to the Sheriff. Preliminary hearing set for September 27, 2000.

September 27, 2000 Defendant appears in court and waives his right to a preliminary hearing. Case bound over for arraignment on October 16, 2000.

October 10, 2000 Prosecutor files application for a third writ of habeas corpus ad prosequendum; writ subsequently granted and issued to the Sheriff on October 12, 2000.

October 25, 2000 Prosecutor files application for a fourth writ of habeas corpus ad prosequendum; writ subsequently granted and issued to the Sheriff on October 26,2000.

November 20, 2000 Case called for arraignment. Defendant appears without an attorney and court enters a not guilty plea on his behalf. Defendant requests and is granted the right to be represented by a public defender; court orders case set for trial “BEFORE 2/16/01.”3

December 7, 2001 Case set for jury trial January 22-26, 2001.

January 5, 2001 Defense counsel files motion for continuance.

January 23, 2001 Prosecutor files application for a fifth writ of habeas corpus ad prosequendum; writ granted and issued to the Sheriff; case called; motion to withdraw defense counsel’s January 5,2001 motion for continuance filed; defendant’s motion to remand to Associate Division for preliminary hearing sustained without objection by the State because “the Public Defender failed to get conflict counsel for Del at P.H.”

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February 6,2001 DOC responds to defendant’s written request for information on the date of any pending holds or detainers that had been lodged against him; tells defendant no detainers have been filed.

February 8, 2001 DOC responds to defendant’s second written request for information on pending holds or detainers; tells defendant no detainers have been filed but indicates it is aware he has been released to the Miller County Sheriff on multiple writs of habeas corpus ad prose-quendum in the untried felony stealing matter.

February 20, 2001 Court sua sponte binds defendant over for arraignment in circuit court on March 19, 2001.

March 19, 2001 State fails to “writ the defendant in” for arraignment; arraignment reset for April 16,2001.

March 21,2001 Prosecutor files application for a sixth writ of habeas corpus ad prosequendum; writ subsequently granted and issued to the Sheriff on April 4, 2001.

April 13, 2001 Prosecutor files application for a seventh writ of habeas corpus ad prosequendum; writ granted and issued to the Sheriff.

April 16, 2001 Defendant arraigned, enters a not guilty plea; case ordered set for a jury trial.

May 14, 2001 Case set for jury trial on January 7-11, 2002.

June 21, 2001 Defendant files a verified pro se “Motion To Dismiss With Prejudice” based on his August 21, 2000 demand for final disposition of detainers under the UMDDL.

June 28, 2001 Motion to dismiss overruled without a hearing.

July 19, 2001 Defendant files a pro se “Motion for Reconsideration of Judgment Entered June 28, 2001, Denying Motion to Dismiss With Prejudice.”

October 12, 2001 Defendant files a pro se “Motion for Hearing” on his July 19, 2001 motion for reconsideration.

November 19,2001 Court does not grant a hearing but determines that the case will “proceed to trial.”

November 28,2001 Defendant files a pro se “Motion to Dismiss With Prejudice on Constitutional Grounds.”

December 31, 2001 Prosecutor files application for an eighth writ of habeas corpus ad prosequendum; court took no action on this application.

January 2,2002 Prosecutor files renewed application for an eighth writ of habeas corpus ad prosequendum; writ granted and issued to the Miller County sheriff.

January 9, 2002 Bench trial; court finds defendant guilty of felony stealing.

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State v. Branstetter, 107 S.W.3d 465, 2003 Mo. App. LEXIS 828, 2003 WL 21312679 (Mo. Ct. App. 2003).

107 S.W.3d 465 (State v. Branstetter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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