State v. Smith

76 S.W.3d 541, 2002 Tex. App. LEXIS 1866, 2002 WL 389392
Court of Appeals of Texas·Decided March 14, 2002·No. No. 14-01-00931-CR·Published·Cited by 18 cases

Opinions

MAJORITY OPINION

JOHN S. ANDERSON, Justice.

Appellee was indicted for the offense of burglary and attempted aggravated assault. The trial court granted appellee’s motion to dismiss the indictment based upon speedy trial grounds. In this accelerated appeal, the State brings a single point of error challenging the trial court’s dismissal. We reverse and remand.

A rendition of the underlying facts of the actual offense are unnecessary to the disposition of the appeal. Accordingly, we will recite only those procedural facts that impact our decision.

PROCEDURAL HISTORY

On July 8, 1998, a grand jury indicted appellee for the offenses of burglary and attempted aggravated assault, which were alleged to have occurred on or about January 6, 1996. Appellee was arrested later that year and posted a cash bond through his employer, John Mathis. On February 14, 2001, the trial court mailed a notice of setting to appellee at 1344 Banks, Dallas TX 75223; apparently, the address stated on the bond. The notice stated that a hearing to determine attorney status was set for March 21, 2001, and the failure to appear could result in bond forfeiture and arrest. This action was prompted when appellee’s employer, who had posted the bond, contacted the State to determine the status of the case. Appellee did not appear for the hearing and a capias was issued for his arrest. Appellee later admitted he no longer resided at the address stated on the bond and had moved twice since the bond was posted. He also claimed, however, that both he and his employer notified the trial court of his changes of address.

Appellee was not arrested as a result of the capias. On June 29, 2001, for reasons left unexplained by the State, an assistant district attorney requested that appellee’s bond be reinstated. The trial court issued an order on June 29, 2001, reinstating appellee’s bond for the $5000.00 that had been previously posted. The order to reinstate bond contained appellee’s current address. There is no indication of how the State came to learn of the new address. Then, on July 5, 2001, having learned of appellee’s current address, a second notice of setting was sent to appellee at his current address, 7148 Shallowater, Maybank, TX 75147. This second notice also stated that a hearing to determine attorney status was set for July 20, 2001, and the failure to appear could result in bond forfeiture and arrest.

On July 20, 2001, appellee appeared for the hearing and an attorney was appointed to represent him. On July 23, 2001, the trial court sent a third notice to appellee stating that the case had been set for (1) final pretrial hearing on September 7, 2001, (2) jury selection on September 10, 2001, and (3) jury trial on September 11, 2001.

[547]*547The “final pretrial” hearing was held on September 7, 2001, as scheduled. Appel-lee and his attorney appeared at the hearing. The State announced it was “not ready to go to trial” because, though it had served the complainant in the attempted aggravated assault charge with a subpoena, it had not spoken with him. Moreover, the owner of the home appellee was alleged to have burglarized had provided information to the State that suggested there had been no burglary. The assistant district attorney stated, “I think that ultimately and shortly this matter will be resolved. I just need to talk to the victim.”

In response, the trial court stated the matter would go to trial as scheduled. After this statement, appellee’s counsel stated he would not object to a continuance. The trial court stated, however, it did object to any continuance given the age of the case. The trial court told the parties the case would go to trial as scheduled or would be dismissed. Specifically, the court stated, “This man has been under indictment and under accusation long enough. You are No. 1 for trial on Monday morning.”

On Monday, September 10, 2001, the parties appeared for trial. The trial court noted appellee had filed a motion to dismiss the indictment on the grounds that he had been denied his right to a speedy trial under both the state and federal constitutions. In response to the motion to dismiss, the court held an impromptu hearing at which appellee testified. After the hearing, the trial court granted the motion to dismiss. The State perfected this appeal.

SPEEDY TRIAL ANALYSIS

An accused is guaranteed the right to a speedy trial under the Sixth Amendment of the United States Constitution, Article 1, Section 10 of the Texas Constitution, and article 1.05 of the Texas Code of Criminal Procedure. U.S. Const. amend. VI; Tex. Const, art. I, § 10; Tex. Code CRim. Proc. Ann. art. 1.05 (Vernon 1977). The essential ingredient of the speedy trial guarantee is “orderly expedition and not mere speed.” State v. Munoz, 991 S.W.2d 818, 821 (Tex.Crim.App.1999) (quoting United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 459-60, 30 L.Ed.2d 468 (1971)). Since 1972, the Supreme Court has required courts to analyze federal constitutional speedy trial claims by weighing and then balancing four factors: (1) length of the delay; (2) reason for the delay; (3) assertion of the right; and (4) prejudice to the accused. Id. (citing Barker v. Wingo, 407 U.S. 514, 530-32, 92 S.Ct. 2182, 2192-93, 33 L.Ed.2d 101 (1972)). This balancing test requires weighing case-by-case the conduct of both the prosecution and the accused. Id. No single Barker factor is necessary or sufficient to the finding of a speedy trial violation. Id.; Webb v. State, 36 S.W.3d 164, 172 (Tex.App.-Houston [14th Dist.] 2000, pet. ref'd). The factors must be considered together with other relevant circumstances. Id. In determining whether an accused was denied his state right to a speedy trial, we use the same balancing test used to evaluate his federal right to a speedy trial. Webb, 36 S.W.3d at 172.

In reviewing a trial court’s decision on a speedy trial claim, the appellate court should apply a “bifurcated standard of review,” meaning “an abuse of discretion standard for the factual components” and a “de novo ” standard for the legal components of the trial court’s decision. Munoz, 991 S.W.2d at 821; Webb, 36 S.W.3d at 172. Because appellee prevailed in the trial court, we must presume the trial court resolved any disputed fact issues in his favor and we are required to [548]*548defer to the implied findings of fact that the record supports. See Munoz, 991 S.W.2d at 821; Guzman, 955 S.W.2d at 89.

LENGTH OF DELAY

We first consider the length of the delay between the accused’s arrest and trial. The length of delay is a “triggering mechanism” for analysis of the other Barker factors. Munoz, 991 S.W.2d at 821 (quoting Barker, 407 U.S. at 530-32, 92 S.Ct. at 2192-93). Until there is some delay that is “presumptively prejudicial,” there is no necessity for inquiry into the other Barker factors. Id.; Webb, 36 S.W.3d at 172. There is no per se length of delay that automatically constitutes a violation of the right to a speedy trial. Webb, 36 S.W.3d at 172 (citing Hull v. State, 699 S.W.2d at 220, 221 (Tex.Crim.App.1985) (en banc)).

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

State v. Smith, 76 S.W.3d 541, 2002 Tex. App. LEXIS 1866, 2002 WL 389392 (Tex. Ct. App. 2002).

76 S.W.3d 541 (State v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Richard Salazar v. the State of Texas
Court of Appeals of Texas, 2023
Uzziel N. Munoz Cruz v. the State of Texas
Court of Appeals of Texas, 2022
the State of Texas v. Randy Virgil Echols
Court of Appeals of Texas, 2021
Roberto Lujan Jr. v. State
Court of Appeals of Texas, 2020
Dennis Lee Richardson v. State
Court of Appeals of Texas, 2020
Voda v. State
545 S.W.3d 734 (Court of Appeals of Texas, 2018)
Reynaldo Zamora v. State
Court of Appeals of Texas, 2015
State v. Wei, Brian
Court of Appeals of Texas, 2015
State v. Brian Wei
447 S.W.3d 549 (Court of Appeals of Texas, 2014)
Jason Alexander Smith v. State
436 S.W.3d 353 (Court of Appeals of Texas, 2014)
State v. Oscar Howard
Court of Appeals of Texas, 2013
Lionel Gonzales v. State
Court of Appeals of Texas, 2012
Adrian Vincent Duncan v. State
Court of Appeals of Texas, 2012
Herman Lee Kindred v. State
Court of Appeals of Texas, 2011
Adrian Nathan Salazar v. State
Court of Appeals of Texas, 2011
State v. Jones
168 S.W.3d 339 (Court of Appeals of Texas, 2005)