FROM THE GARLAND COUNTY CIRCUIT COURT [NO. 26CR-2015-291-I]
HONORABLE JOHN HOMER WRIGHT, JUDGE
Buckley, McLemore & Hudson, P.A., by: Grace Casteel, for
Rutledge, Att'y Gen., by: Kathryn Henry, Ass't
Att'y Gen., and Houston Garner, Law Student Admitted to
Practice Pursuant to Rule XV of the Rules Governing Admission
to the Bar of the Supreme Court under the Supervision of
Darnisa Evans Johnson, Deputy Att'y Gen., for appellee.
W. GRUBER, Judge.
November 30, 2015, Michael Doran Mitchell was convicted by
the Circuit Court of Garland County on his conditional plea
to commercial burglary. He was sentenced as a habitual
offender to 15 years in the Arkansas Department of
Correction. He now appeals, contending that the circuit court
erred by denying his motion to dismiss because his right to a
speedy trial was violated. He argues that his 12-month
speedy-trial time began to run on February 20, 2014, when he
allegedly was served with the Garland County warrant while in
the custody of the Faulkner County Sheriff. The State
responds that the 12-month period began to run on April 20,
2015, the day he was arrested on the Garland County charge.
We agree with the State, and we affirm.
Rule of Criminal Procedure 28.1 entitles a defendant to have
criminal charges dismissed with an absolute bar to
prosecution if he or she is not brought to trial within 12
months from the time provided in Rule 28.2, excluding such
time periods of necessary delay as are authorized in Rule
28.3. "The time for trial shall commence running from
the date of arrest or service of summons." Ark. R. Crim.
P. 28.2(a); see also Smith v. State, 2013 Ark. 364,
at 4 (holding that the speedy-trial time period began when
defendant, incarcerated in the ADC on unrelated charges, was
served with the arrest warrant). The speedy-trial time period
is not triggered by the issuance of an arrest warrant.
E.g., Marks v. State, 332 Ark. 374, 376,
965 S.W.2d 764, 765 (1998). Arrests arising from a separate
criminal episode do not start the speedy-trial period, nor is
the time period triggered by issuance of a detainer while the
defendant is incarcerated in another jurisdiction for a
separate criminal offense. E.g., Washington v.
State, 31 Ark.App. 62, 68, 787 S.W.2d 254, 257 (1990);
Jackson v. State, 334 Ark. 406, 411, 976 S.W.2d 370,
agree with the State that the evidence does not support
Mitchell's assertion that he was served with an arrest
warrant on February 20, 2014, for the commercial burglary
that was committed on January 22, 2014, in Garland County. On
February 8, 2014, Mitchell was arrested in Faulkner County
for similar crimes committed there. On February 20, 2014,
apparently while he was in the Faulkner County jail, the
Garland County arrest warrant was issued. At the suppression
hearing, Mitchell testified as follows:
Within a matter of days I was arrested for similar crimes
committed in Faulkner County. There was also a similar crime
committed in Pope County. I was taken into custody for one of
the charges in Faulkner or Pope County around February 8th,
2014. I am aware that a warrant for my arrest in this case
was issued in February, 2014. While I was in jail I notified
Garland County Prosecuting Attorney's office, the Court
Clerk, the Judge, letting everyone know my whereabouts. I did
not get a response from anyone until approximately fourteen
or sixteen months later.
. . . .
When I was arrested in February, 2014, my parole officer came
and let me know there was a hold on me from Garland County,
and they never came and got me for Court for the first time
until 2015, fourteen months later.
letter to the Garland County prosecutor dated March 25, 2015,
Mitchell inquired about the status of his pending warrants.
He testified at the suppression hearing that the Garland
County warrant had not been served by the date of the letter
but was served on him in April 2015.
reject Mitchell's argument that the warrant for this case
was "served" when it was issued and a detainer was
placed on him from Garland County. Neither event triggers a
speedy-trial time. E.g., Marks, 332 Ark. at
376, 965 S.W.2d at 765; Jackson, 334 Ark. at 411,
976 S.W.2d. at 372. Mitchell's speedy-trial period began
to run when he was arrested on April 20, 2015, and it had not
yet expired on November 30, 2015, when the circuit court
denied his motion to dismiss. Because no speedy-trial
violation occurred, the court did not err by denying the
motion to dismiss.
Whiteaker and ...