State v. Seadin

593 P.2d 451, 181 Mont. 294
CourtMontana Supreme Court
DecidedApril 16, 1979
Docket14573
StatusPublished
Cited by21 cases

This text of 593 P.2d 451 (State v. Seadin) is published on Counsel Stack Legal Research, covering Montana 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. Seadin, 593 P.2d 451, 181 Mont. 294 (Mo. 1979).

Opinions

MR. JUSTICE HARRISON

delivered the opinion of the Court.

On September 14, 1978, defendant moved the District Court of the Third Judicial District, Powell County, for an order dismissing the Information filed against him because of the failure of the State of Montana to comply with the provisions of the Interstate Agreement on Detainers. Sections 95-3131 through 95-3132, R.C.M. 1947, now sections 46-31-101 through 46-31-102 MCA. The Dis trict Court denied the motion. On October 2, 1978, defendant was found guilty of the offense of escape. He appeals.

On April 15, 1977, defendant escaped from the Montana State Prison while serving concurrent terms of five and seven years imposed January 1975. He was arrested in Colorado on another charge in August 1977 and subsequently convicted. While at the Denver County jail awaiting disposition of the Colorado charge, defendant was served with a detainer charging him with escape from the Montana State Prison.

He was subsequently transferred to the Colorado State Prison at Canyon City but apparently the prison officials were not notified of the outstanding detainer. Because the detainer was not forwarded to the prison, the prison officials would not aid defendant in processing the detainer. Defendant then sought the aid of another inmate at the Colorado institution. A motion for quick and speedy trial was drafted and, on February 23, 1978, defendant sent copies of the motion to the Clerk of the District Court for Powell County, the Warden of the Montana State Prison, and the County Attorney for Powell County.

Dolores Munden, supervisor of records at the Montana State Prison, subsequently testified that she received a copy of the motion along with a copy of defendant’s Colorado commitment on March 2, 1978. Defendant was returned to Montana on Friday, March 25, 1978, and an Information charging him with escape was filed [296]*296in the District Court on the following Thursday. The matter was scheduled for trial on May 15. The trial was rescheduled for July 17, and then rescheduled again for September 19. No reason for the continuances appears in the record.

On September 6, counsel were notified that the September 19 trial setting had been vacated. Defendant responded by moving to dismiss the Information on the grounds that he had not received a prompt disposition of the charge as required by the Interstate Agreement on Detainers. The motion was denied. Defendant was tried on October 2, 1978, approximately 210 days or seven months after defendant had notified the officials of his desire to be tried on the escape charge.

The issue presented for review is whether the District Court erred in denying defendant’s motion to dismiss the Information charging him with escape pursuant to the provisions of the Interstate Agreement on Detainers.

Defendant argues that he should have been tried within the next “term of court” after his notification to the State of Montana. He argues that the State’s failure to bring him to trial within three months violates the provision of the Interstate Agreement on Detainers as adopted in Montana.

The State contends that the Agreement on Detainers does not apply where a prisoner’s transfer to the receiving state is not for the purpose of effecting a prompt disposition of untried charges there and is not to be followed by the prisoner’s return to the sending state. The State goes on to argue that defendant’s request did not substantially comply with the Agreement’s requirements because it did not include a certificate from Colorado authorities stating “the term of [his] commitment, the time served and the time remaining to be served, the amount of good time defendant may have earned, and defendant’s parole status.” Finally, the State argues that this case involves a speedy trial question and that under the facts of the case, there was no deprivation of defendant’s right to a speedy trial.

The United State Supreme Court recently addressed the provi[297]*297sions of the Interstate Agreement on Detainers in United States v. Mauro (1978), 436 U.S. 340, 98 S.Ct. 1834, 56 L.Ed.2d 329. Noting that the agreement has been adopted by 46 states, the Court went on to state the following:

“The Agreement ... is designed ‘to encourage the expeditious and orderly disposition of . . . charges [outstanding against a prisoner] and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints’. Art. I. It prescribes procedures by which a member State may obtain for trial a prisoner incarcerated in another member jurisdiction and by which the prisoner may demand the speedy disposition of certain charges pending against him in another jurisdiction. In either case, however, the provisions of the Agreement are triggered only when a ‘detainer’ is filed with the custodial [sending] State by another State [receiving] having untried charges pending against the prisoner; to obtain temporary custody, the receiving State must also file an appropriate ‘request’ with the sending State.” [Emphasis added.] 436 U.S. at 343-44, 98 S.Ct. at 1838, 56 L.Ed.2d at 336.

The provisions of the agreement, therefore, bind the receiving state when the detainer is filed.

Two questions arise at this point. The first is whether defendant’s motion for speedy trial substantially complied with the requirements of the Act. We find that it did.

In Rockmore v. State (1974), 21 Ariz.App. 388, 519 P.2d 877, the Arizona Supreme Court addressed a similar issue. The state had argued that the defendant’s petition was incomplete because it was not accompanied by a certificate as required by Article III and that the defendant had not had the sending state, California, offer to deliver temporary custody as required by Article V.- The court found no merit in these arguments because the officials of the sending state are required to send the certificate and an offer of custody. Relief should not be denied a defendant when officials of the sending state fail to comply with the provisions to which they are bound. Rockmore, 519 P.2d at 879. In so finding, the court [298]*298cited Article IX of the Agreement which provides that “[t]his agreement shall be liberally construed so as to effectuate its purposes.”

In the instant case it appears that defendant did all the he could do to comply with the provisions of the Agreement. The State invoked the provisions of the Agreement by lodging the detainer and by obtaining custody of defendant in accordance with the Agreement’s provisions. We find, then, that under the circumstances of the instant case, defendant’s substantial compliance with the Agreement’s procedure invoked the provisions of the Agreement.

The second question we must address concerns the meaning of the phrase “next term of court” as it appears in Article III of Montana’s version of the Agreement.

The Agreement as adopted in most states provides:

“ ... he shall be brought to trial within one hundred eighty days after he shall have cause to be delivered to the prosecuting officer and the appropriate court of the prosecuting officers jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint . .

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State v. Seadin
593 P.2d 451 (Montana Supreme Court, 1979)

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Bluebook (online)
593 P.2d 451, 181 Mont. 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-seadin-mont-1979.