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APPEAL
FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72CR-17-863-7],
HONORABLE JOANNA TAYLOR, JUDGE
Leslie
Rutledge, Att’y Gen., by: Adam Jackson, Ass’t Att’y Gen., for
appellant.
Hodge
Calhoun Giattina, PLLC, Little Rock, by: Robert E. Hodge III,
for appellee.
OPINION
JOSEPHINE
LINKER HART, Associate Justice.
The
State appeals the Washington County Circuit Court’s decision
to dismiss criminal charges against Roger Jones for violation
of his speedy-trial rights. However, Ark. R. App. P.-Crim.
3(d) prohibits this court from considering a State appeal
from any final order unless "the correct and uniform
administration of the criminal law requires review by the
court." Because the circuit court’s decision to dismiss
the charges turned upon the specific facts of this particular
case, we cannot consider the State’s appeal. Accordingly, the
present appeal is dismissed.
I.
Background
Jones
was arrested on January 29, 2017, based on allegations that
Jones had sexually assaulted his two children. As part of its
investigation, the State took a blanket containing apparent
semen stains from a room shared by the two children and
submitted it to the Arkansas State Crime Laboratory
("Crime Lab") for serology and DNA testing. The
State also obtained DNA samples from Jones and the two
children for comparison to whatever was on the blanket.
The
first trial date was set for May 30, 2017. One hundred
twenty-one (121) days would transpire between January 29,
2017 and May 30, 2017. It is undisputed that
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this period of one hundred twenty-one days is appropriately
included in the speedy-trial calculation.
On May
30, 2017, the circuit court granted the State’s motion for a
continuance until August 22, 2017, on the basis that reports
from the State Crime Lab had not yet been received.
Eighty-four (84) days would transpire between May 30, 2017
and August 22, 2017. In its May 31, 2017 continuance order,
the circuit court excluded this period of time for purposes
of speedy-trial calculation.
On
August 22, 2017, the circuit court granted the State’s second
motion for a continuance until November 2, 2017, again on the
basis that reports from the State Crime Lab had not yet been
received. Seventy-two (72) days would transpire between
August 22, 2017 and November 2, 2017. In its August 23, 2017
continuance order, the circuit court excluded this period of
time for purposes of speedy-trial calculation.
On
November 3, 2017, the circuit court granted the State’s third
motion for a continuance until January 23, 2018, again on the
basis that reports from the State Crime Lab had not yet been
received. Eighty-two (82) days would transpire between
November 2, 2017 (the date of the hearing on the State’s
third continuance motion) and January 23, 2018. In its
November 3, 2017 ...