MICHAEL E. MCCLELLAN, Appellant-Defendant,
STATE OF INDIANA, Appellee-Plaintiff
APPEAL FROM THE JEFFERSON SUPERIOR COURT. The Honorable Alison T. Frazier, Judge. Cause No. 39D01-1005-CM-401.
ATTORNEY FOR APPELLANT: JAMES C. SPENCER, Datillo Law Office, Madison, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; JAMES B. MARTIN, Deputy Attorney General, Indianapolis, Indiana.
ROBB, Judge. BARNES, J., and BROWN, J., concur.
Case Summary and Issue
In this interlocutory appeal, Michael McClellan appeals the trial court's denial of his motion to dismiss the charge pending against him. McClellan raises one issue, whether the trial court erred in denying his motion to dismiss because his right to a speedy trial under the federal and state constitutions was violated. Concluding the trial court failed to evaluate McClellan's speedy trial claim under the appropriate framework, we remand for a new hearing on McClellan's motion to dismiss.
Facts and Procedural History
In February 2009, McClellan was arrested for operating a vehicle while intoxicated and spent the night in jail (" February OWI" ). The State filed charges in Jefferson Superior Court. On August 2, 2009, while the February OWI case was pending, McClellan was stopped on suspicion of operating a vehicle while intoxicated (" August OWI" ). Due to a medical condition, McClellan was unable to take a breath test. McClellan consented to a blood draw and was driven to his home in Hanover by the investigating officer after the blood draw. The officer knew tat McClellan required an oxygen tank but would not have access to it in jail, which would create a medical hardship. At the time, McClellan's license reflected a home address in Milton, Kentucky. McClellan told his attorney, who was representing him on the February OWI, of the blood draw in connection with the August OWI.
By December 2009, McClellan had not received any toxicology results in connection with the August OWI. Neither he nor his attorney asked the State about the status of that possible case; McClellan assumed that the absence of information meant he was not going to face charges. On December 23, 2009, he pled guilty to the February OWI. His plea agreement called for a one year executed sentence, with placement open to argument. McClellan argued, and the court agreed, that his health prevented him from being able to withstand a jail sentence, and the court sentenced him to one year of home detention. McClellan was required to have a land-line phone to be monitored by an electronic ankle bracelet while on home detention. He returned to Hanover from Kentucky for the duration of his sentence. McClellan was discharged in January 2011 after successfully completing home detention and has lived at the Hanover address ever since.
On May 25, 2010, after receiving the toxicology report just two days prior, the State charged McClellan with operating a vehicle while intoxicated, a Class A misdemeanor, and operating a vehicle while intoxicated, a Class C ...