State v. Carl

389 S.W.3d 276, 2013 WL 151000, 2013 Mo. App. LEXIS 62
CourtMissouri Court of Appeals
DecidedJanuary 15, 2013
DocketNo. WD 74664
StatusPublished
Cited by12 cases

This text of 389 S.W.3d 276 (State v. Carl) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carl, 389 S.W.3d 276, 2013 WL 151000, 2013 Mo. App. LEXIS 62 (Mo. Ct. App. 2013).

Opinion

JAMES EDWARD WELSH, Chief Judge.

Joel Pat Carl1 appeals from a judgment entered upon a jury verdict convicting him of one count of possession of a controlled substance and one count of attempt to manufacture a controlled substance. Carl asserts five points on appeal. First, Carl contends that the circuit court erred in overruling his motion to dismiss because the State failed to bring him to trial within 180 days as required by the Uniform Mandatory Disposition of Detainers Law (UMDDL), section 217.450, RSMo Cum. Supp.2009, and violated his right to a speedy trial. Second, Carl asserts that the court erred in overruling his motion to quash Mark Plumb as a late endorsed witness contending that, the late endorsement was prejudicial to him as he had an inadequate amount of time to prepare for Plumb’s testimony. Third, Carl claims that the court erred in overruling his motion for judgment of acquittal because there was insufficient evidence to support the guilty verdicts. Fourth, Carl contends that the court erred when, after once giving the hammer instruction, the court advised the jury to continue deliberations when it indicated a potential deadlock a second time and, on the third indication of potential deadlock, instructed a law enforcement officer to orally advise the jury to continue deliberations. Carl claims that the court’s actions prejudiced him and appeared to coerce the jury’s verdict. Finally, Carl asserts that the court erred in allowing the opinion testimony of Agent Shayne Simmons regarding the materials and equipment being used in a methamphetamine lab because Simmons was not disclosed nor qualified as an expert and his testimony was speculative. We affirm.

On September 1, 2010, the St. Clair County Prosecuting Attorney filed a Complaint against Carl alleging that on August 14, 2009, Carl was in possession of a controlled substance and attempted to manufacture a controlled substance.2 On October 1, 2010, Carl appeared with counsel and was given a preliminary hearing date of November 5, 2010. On October 8, 2010, Carl filed a motion for speedy trial. On October 12, 2010, Carl filed a “Motion of 180 Writ.” On December 6, 2010, Carl was arraigned. On that date, Carl moved for a change of venue, and the case was transferred to the Circuit Court of Bates County. The case was received in Bates County on December 8, 2010. A special prosecutor was appointed to the case on January 14, 2011, and entered his appearance on behalf of the State on January 27, 2011. On February 17, 2011, the State filed a motion requesting a trial setting. In that motion, the State did not concede applicability of the UMDDL but indicated that, because Carl referenced his incarceration at the time he filed his request for a speedy trial, the request might be considered as having been filed pursuant to the UMDDL. The motion stated that “[sjhould the Defendant’s request be considered as having been made pursuant to the Uniform Mandatory Disposition of De-tainers law, trial in this case must be held within 180 days of the date which the Defendant filed his request, or this ease must be dismissed.”

On February 22, 2011, the parties met to set a trial date, and the court made the [281]*281following docket entry: “Case set for trial on the week of 7/26/11. Pre-trial set for 7/18/11 @ 10:00 am. Deft [sic] waives request for disposition of detainer & speedy trial.” On July 18, 2011, the State moved for a continuance in the matter, indicating in the motion that the State’s attorney had a previously scheduled matter in St. Louis County on July 25, 2011, which was expected to take the entire week. On July 21, 2011, the court, by way of telephone conference, took up the motion, and the State indicated that one of its witnesses would be unavailable for the original trial date as the State had failed to timely notify the witness of the setting date. The court granted the State’s motion over Carl’s objection but noted that, “due to the court’s schedule in light of the defendant’s speedy trial request, the court will assign another available judge to hear the case.” A new judge was assigned, and Carl’s trial was thereafter scheduled for August 31, 2011. On August 10, 2011, Carl moved to dismiss his case contending that the Court was without jurisdiction to proceed in the matter because the UMDDL had been violated, as had his Constitutional right to a speedy trial. Carl claimed that, although he had previously agreed to a trial outside of 180 days to accommodate the State and the court, he had not agreed to a continuance and, therefore, his case should be dismissed because his trial was scheduled outside of the 180 day speedy trial period. The court overruled the motion, and Carl’s case was heard on August 31, 2011, and September 1, 2011.

In his first point on appeal, Carl contends that the court erred in overruling his motion to dismiss because the State failed to bring him to trial within 180 days, as required by the UMDDL, and violated his right to a speedy trial. We disagree.

Whether the UMDDL requires dismissal of Carl’s criminal case and whether Carl’s sixth amendment right to a speedy trial has been violated are both questions of law reviewed de novo. State v. Pugh, 357 S.W.3d 310, 313 (Mo.App.2012); State v. Washington, 9 S.W.3d 671, 675 (Mo.App.1999).

Section 217.450.1 of the UMDDL provides:

Any person confined in a department correctional facility may request a final disposition of any untried indictment, information or complaint pending in this state on the basis of which a law enforcement agency, prosecuting attorney’s office, or circuit attorney’s office has delivered a certified copy of a warrant and has requested that a detainer be lodged against him with the facility where the offender is confined. The request shall be in writing addressed to the court in which the indictment, information or complaint is pending and to the prosecuting attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment.

Section 217.460, RSMo Cum.Supp.2009, of the UMDDL provides, in part:

Within one hundred eighty days after the receipt of the request and certificate, pursuant to sections 217.450 and 217.455, by the court and the prosecuting attorney or within such additional necessary or reasonable time as the court may grant, for good cause shown in open court, the offender or his counsel being present, the indictment, information or complaint shall be brought to trial. The parties may stipulate for a continuance or á continuance may be granted if notice is given to the attorney of record with an opportunity for him to be heard. If the indictment, information or complaint is not brought to trial within the period and if the court finds that the offender’s constitutional right to a speedy trial has been denied, no court of [282]*282this state shall have jurisdiction of such indictment, information or complaint, nor shall the untried indictment, information or complaint be of any further force or effect; and the court shall issue an order dismissing the same with prejudice.

We have previously concluded that section 217.450.1 requires that a de-tainer must be lodged against an inmate in order for the inmate to invoke the UMDDL. Pugh, 357 S.W.3d at 313. A detainer is “a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
389 S.W.3d 276, 2013 WL 151000, 2013 Mo. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carl-moctapp-2013.