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Black v. State

Court of Appeals of Indiana

April 22, 2014

RANDY E. BLACK, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE ADAMS SUPERIOR COURT. The Honorable Patrick R. Miller, Judge. Cause No. 01D01-1301-FC-5.

ATTORNEY FOR APPELLANT: MARK SMALL, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, ANDREW FALK, Deputy Attorney General, Indianapolis, Indiana.

BARNES, Judge. BAKER, J., and CRONE, J., concur.

OPINION

Page 334

BARNES, Judge

Case Summary

Randy Black appeals his conviction for Class C felony forgery. We affirm.

Page 335

Issues

Black raises two issues, which we restate as:

I. whether the trial court erred by not ruling on Black's pro se request for an early trial; and
II. whether trial counsel was ineffective for not pursuing an early trial.

Facts

On July 17, 2012, the State filed an information charging Black with Class C felony forgery in Adams County. The chronological case summary (" CCS" ) indicates that in the fall and winter of 2012, Black was detained in the Allen County Jail and the Department of Correction (" DOC" ) on unrelated charges. An initial hearing was held on the Adams County charges by video conferencing on January 4, 2013.

At the initial hearing, the trial court informed Black of the charges and his rights. Black requested that an attorney be appointed to represent him, and the trial court appointed a public defender to represent him. The trial court entered a not guilty plea and set a pre-trial hearing for March 20, 2013. At that point, Black indicated that he wanted to " file for Fast and Speedy Trial too." Tr. p. 14. The trial court informed Black that his attorney would have to file that request in writing. The trial court then scheduled a trial for May 6, 2013, and informed Black that " if a fast and speedy trial request is made, we will move those trial dates and those pre-trial omnibus dates up for ...


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