Voda v. State

545 S.W.3d 734
CourtCourt of Appeals of Texas
DecidedMarch 27, 2018
DocketNO. 14-16-00857-CR
StatusPublished
Cited by7 cases

This text of 545 S.W.3d 734 (Voda v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Voda v. State, 545 S.W.3d 734 (Tex. Ct. App. 2018).

Opinion

John Donovan, Justice *739Appellant Jan Voda pled guilty to a misdemeanor charge of driving while intoxicated, and was sentenced to twelve months' probation. From that conviction, appellant brings this appeal claiming that he was denied a speedy trial. We affirm.

Background

On October 5, 2012, appellant was arrested in Brazoria County, Texas, and charged with driving while intoxicated ("DWI"). At that time, appellant resided in Lawrenceville, New Jersey. Appellant was released on bond. On November 8, 2012, the State dismissed that charge because "Ft. Bend County has better jurisdiction." Appellant was notified of the dismissal by his bonding company

In April 2013, appellant moved to Miami, Florida. He submitted a change of address form notifying the post office of a Gainesville, Florida address. Additionally, appellant obtained a Florida driver's license.

On July 1, 2013, Fort Bend County charged appellant with DWI. A summons was issued for appellant to appear in court on August 2, 2013. It was sent to appellant's address in New Jersey by regular mail, return receipt requested. Appellant did not receive the notice regarding the summons. The summons was returned to Fort Bend County and it was filed in the county clerk's file. The envelope containing the summons was returned to the county clerk, return to sender. Appellant's address in Gainesville, Florida, was stamped on the face of the envelope. When appellant failed to appear in court on August 2, 2013, an arrest warrant was issued by the trial court. No further attempts were made to serve appellant with summons.

In September 2014, appellant learned of the pending arrest warrant and charge in Fort Bend County when a prospective employer performing a background check asked for an explanation. That same month, appellant was arrested for driving under the influence ("DUI") in Alachua County, Florida. He pled guilty to the Florida DUI in January 2015.

On February 29, 2016, appellant retained counsel and moved to dismiss the Fort Bend County DWI case for failure to provide a speedy trial. On April 1, 2016, appellant requested a case reset. He did not assert his right to a speedy trial at this setting. On May 24, 2016, appellant set his motion to dismiss for August 12, 2016. On August 12, 2016, the hearing was reset by agreement. On August 19, 2016, the trial court denied appellant's motion to dismiss and set the matter for trial September 27, 2016. On the day of trial, appellant pled guilty, and the trial court entered judgment pursuant to a plea agreement.1 This appeal timely followed.

Analysis

Summarized below are relevant dates.

• 10/05/2012 Appellant was arrested for DWI
• 11/11/2012 Brazoria County, TX dismissed the case
• 07/01/2013 Fort Bend County, TX refiled the DWI charge
• 07/15/2013 Fort Bend County, TX mailed summons to NJ address
• 08/02/2013 Appellant failed to appear in court in TX
• 08/12/2013 Arrest warrant was issued for appellant *740• 09/10/2013 Summons returned unserved and stamped with FL address
• 09/2014 Appellant learned of pending TX charge/arrest warrant
• 09/2014 Alachua County, FL charged appellant with DUI
• 02/29/2016 Appellant filed motion to dismiss in TX
• 04/01/2016 Appellant appeared in TX county court and reset case
• 05/24/2016 Appellant appeared in court and set motion for hearing
• 08/12/2016 Appellant appeared in court and reset the hearing
• 08/19/2016 Court denied appellant's motion to dismiss
• 09/27/2016 First trial setting: appellant pled guilty

I. Appellant's issue.

In his sole issue, appellant argues he is entitled to dismissal because his right to a speedy trial was violated as a result of a "forty-one-month delay where the State knew of his location but failed to bring him to trial and appellant showed actual harm."

II. Appellant's right to a speedy trial was not violated.

A. Standard of review and applicable law.

An accused is guaranteed the right to a speedy trial under both the United States and Texas Constitutions. U.S. Const. amend. VI ; Tex. Const. art. I, § 10. Texas courts apply the same standard to enforce the state constitutional right to a speedy trial as federal courts use to enforce the Sixth Amendment right to a speedy trial. Harris v. State , 827 S.W.2d 949, 956 (Tex. Crim. App. 1992). We therefore analyze together appellant's claims that these rights were violated. Ortega v. State , 472 S.W.3d 779, 785 (Tex. App.-Houston [14th Dist.] 2015, no pet.).

The right to a speedy trial attaches once a person is either arrested or charged with an offense. Cantu v. State , 253 S.W.3d 273, 280 (Tex. Crim. App. 2008). Courts analyze speedy trial claims on a case-by-case basis by balancing the following factors: (1) length of the delay; (2) the reason for the delay; (3) the defendant's assertion of his right; and (4) the prejudice inflicted on the defendant by the delay. Zamorano v. State , 84 S.W.3d 643, 647-48 (Tex. Crim. App. 2002) (citing Barker v. Wingo , 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) ). No single Barker factor is "either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial." Barker , 407 U.S. at 533, 92 S.Ct. 2182. Instead, the factors must be examined together, along with any other relevant circumstances.

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Cite This Page — Counsel Stack

Bluebook (online)
545 S.W.3d 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voda-v-state-texapp-2018.