State v. Tucker

126 So. 3d 834, 2012 La.App. 4 Cir. 1668, 2013 WL 5858275, 2013 La. App. LEXIS 2238
CourtLouisiana Court of Appeal
DecidedOctober 30, 2013
DocketNo. 2012-KA-1668
StatusPublished
Cited by1 cases

This text of 126 So. 3d 834 (State v. Tucker) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Tucker, 126 So. 3d 834, 2012 La.App. 4 Cir. 1668, 2013 WL 5858275, 2013 La. App. LEXIS 2238 (La. Ct. App. 2013).

Opinion

SANDRA CABRINA JENKINS, Judge.

hThe State appeals the trial court’s judgment granting defendant’s motion to quash the bill of information. After a review of the record, we find the State failed to commence trial within the two year time limitation required by La C.Cr.P. art. 578. The State also failed to show that the two year time limitation was suspended or interrupted in accordance with La.C.Cr.P. arts. 579 and 580. We therefore find no abuse of discretion in the trial court’s ruling granting defendant’s motion to quash. The trial court’s judgment of July 23, 2012 is affirmed.

RELEVANT FACTS AND PROCEDURAL HISTORY

On June 21, 2010, the State filed a bill of information charging defendant with violation of La. R.S. 40:966(A)(1), possession of heroin. Arraignment was scheduled for July 13, 2010 in Section B of the Orleans Parish Criminal District Court. The court was closed on July 13, 2010, and defendant’s arraignment was rescheduled for July 28, 2010. On that date, defendant appeared for arraignment, the trial court appointed counsel to represent defendant, and defendant entered a plea of not guilty. The trial court set a motions hearing date of September 2, 2010, Land ordered defendant be placed on the jail list. Defendant was returned to the Orleans Parish Prison.1

[836]*836On September 2, 2010, the trial court was closed and defendant’s motions hearing was reset to September 30, 2010. The trial court minutes reflect that notices were to be sent and that defendant should be placed on the jail list for the September 30, 2010 court date. The record does not reflect that notice was sent to defendant, either at the prison or to defendant’s address on file.

Defendant was released from Orleans Parish Prison on the municipal charge on September 14, 2010. On September 30, 2010, defendant was not present in court and motions were reset to October 1, 2010. When defendant did not appear in court for the motions hearing on October 1, 2010, the trial court issued an alias capias for his arrest, and the motions hearing was continued without date.

On June 13, 2012, defendant appeared in court following his arrest under the outstanding alias capias in this matter. The trial court set the matter for a hearing to determine counsel on June 15, 2012, and ordered defendant be placed on the jail list. On June 15, 2012, defendant appeared without counsel. The hearing to determine counsel was reset until June 28, 2012.2

On June 28, 2012, the defendant appeared before the court without counsel. The trial court set a bond in the amount of $25,000, recalled the alias capias, and appointed Orleans Parish Defender counsel to represent defendant. On this same date, defense counsel filed motions to suppress evidence, statements, and identification, and for discovery and inspection. A preliminary hearing was set for August 6, 2012, and trial was set for September 6, 2012.

|3On July 16, 2012, defendant filed a motion to quash, arguing violation of his right to speedy trial pursuant to La. C. Cr. P. article 578. The trial court held a contradictory hearing on defendant’s motion to quash on July 23, 2012. At that hearing, the trial court reviewed the court minutes and files, and determined that the two year time limitation for commencing trial had expired. The trial court found that the State did not show that defendant was served or had received actual notice of any court dates set on or after September 2, 2010, and, therefore, the State did not carry its burden to show that the two year time limitation had been interrupted, in accordance with La.C.Cr.P. art. 579.3 Finding that the time limitation had expired without interruption, the trial court granted defendant’s motion to quash the bill of information, and ordered defendant be released from custody.

It is from this ruling the State now appeals.

ASSIGNMENT OF ERROR

The State asserts that the trial court erred in finding that the two year time limitation for commencing trial had expired and in granting defendant’s motion to quash.

STANDARD OF REVIEW

The trial court’s ruling on a motion to quash should not be reversed in the absence of a clear abuse of discretion. State v. Sorden, 2009-1416, p. 3 (La.App. 4 Cir. 8/4/10), 45 So.3d 181, 183; State v. Love, 2000-3347, pp. 9-10 (La.5/23/03), 847 So.2d 1198, 1206.

[837]*837 \ ¿DISCUSSION

The State asserts that the two year time limitation to bring defendant to trial had not expired at the time defendant filed the motion to quash. The State argues that the time limitation was interrupted, pursuant to La.C.Cr.P. art. 579, because the defendant failed to appear on September 30, 2010 and October 1, 2010. The State contends that the running of the time limitation to commence trial was interrupted until the defendant returned to court. In addition, the State asserts that defense counsel filed preliminary motions that suspended the two year time limitation pursuant to La.C.Cr.P. art. 580. For the following reasons, we find no merit to the State’s arguments, and find that the trial court did not abuse its discretion in granting defendant’s motion to quash.

Louisiana’s relevant criminal procedure statute provides that no felony trial, other than for a capital offense, may be commenced after two years from the date of institution of the prosecution. La.C.Cr. P. art. 578(A)(2). Upon expiration of the time period, the court shall, upon motion of the defendant prior to trial, dismiss the indictment. La.C.Cr.P. art. 581. The two year time limitation should be given effect and mandate dismissal, “unless the state carries its burden of showing valid grounds to support an interruption or sufficient suspension of these time periods.” State v. Rome, 93-1221 (La.1/14/94), 630 So.2d 1284, 1286. “The purpose of the statute’s mandating dismissal, when legislative time limits have elapsed, is to enforce the accused’s right to a speedy trial and to prevent the oppression caused by suspending criminal prosecutions over citizens for indefinite periods of time.” Id.

| jjWhen a defendant brings an apparent meritorious motion to quash based on the prescription, the State then bears a heavy burden to demonstrate that the time period was interrupted or suspended. State v. Joseph, 2012-1176, p. 3 (La.App. 4 Cir. 3/20/13), 112 So.3d 363, 365. The time limitation provided for in La.C.Cr. P. art. 578 shall be interrupted if any one of the following occurs:

(1) The defendant at any time, with the purpose to avoid detection, apprehension, or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or
(2) The defendant cannot be tried because of insanity or because his presence for trial cannot be obtained by legal process, or for any other cause beyond the control of the state; or
(3) The defendant fails to appear at any proceeding pursuant to actual notice, proof of which appears of record.

La.C.Cr.P. art. 579(A).

If the time period for the commencement of trial is interrupted, as provided by La. C.Cr. P. art. 579(A), then the time period begins to run anew from the date the cause of the interruption no longer exists. La.C.Cr.P. art. 579(B).

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State v. Stewart
176 So. 3d 465 (Louisiana Court of Appeal, 2015)

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Bluebook (online)
126 So. 3d 834, 2012 La.App. 4 Cir. 1668, 2013 WL 5858275, 2013 La. App. LEXIS 2238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tucker-lactapp-2013.