Court of Appeals Dismisses Two Convictions

29 02 2012

The Court of Appeals had affirmed 36 appeals this year and only reversed one going into today.  The Court of Appeals made a significant jump in ruling for the defense with two cases resulting in charges dismissed.

In Eagle v. State, the Court of Appeals reversed and dismissed Eagle’s conviction based on a violation of speedy trial.  Eagle was arrested February 7, 2008, and tried on February 24, 2011.  Clearly more than 365 passed from arrest to trial, but the State argued that after the excludable time was accounted for it did not amount to a speedy trial violation.  It came down to an event where the trial court was setting trial and announced a January date.  Defense counsel responded that he had a conflict with that date and the Court then set it for February.  The State argued this was excludable because it was defense counsel that caused it to be moved to February.  The Court held that the trial court could have set for earlier in January, December, or even November and the time was properly charged to the State.  Consequently, Eagle was tried 11 days over the 365 day limit.

In Dorsey v. State, the Court of Appeals addressed another extremely rare scenario.  Dorsey’s 10 year imposition of sentence was revoked based on a sale of drugs.  At the time Dorsey received the 10 year suspended imposition of sentence he also plead guilty to 3 class C felonies for which he received concurrent 6 year suspended imposition of sentences.  Dorsey claimed that he plead to the 3 class C felonies to have the State nolle pros the Y and that he was never given 10 years suspended imposition of sentence on that charge.  The plea statement and documents by the trial court were unable to prove that Dorsey voluntarily plead guilty and received a 10 year suspended imposition of sentence; therefore, he could not be revoked because there was nothing to revoke.  The Court of Appeals dimissed the revocation.




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