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Allen v. State

Court of Appeals of Indiana

October 14, 2015

Travis Allen, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

          Court of Appeals Case No. 49A05-1410-CR-501. Appeal from the Marion Superior Court. The Honorable Linda E. Brown, Judge.

         FOR APPELLANT: Timothy J. Burns, Indianapolis, Indiana.

         FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Larry D. Allen, Deputy Attorney General, Indianapolis, Indiana.

         Najam, Judge. Kirsch, J., concurs. Barnes, J., dissents with separate opinion.

          OPINION

Page 60

          Najam, Judge.

         Statement of the Case

         [¶1] Travis Allen appeals his convictions for operating a vehicle while intoxicated, as a Class A misdemeanor; driving with a suspended license, a Class A misdemeanor; and driving without a license, as a Class C felony; following a bench trial.[1] Allen presents two issues for our review:

1. Whether the trial court erred when it denied his motion for discharge pursuant to Criminal Rule 4(C).
2. Whether the delay in bringing him to trial violated his right to a speedy trial as guaranteed by the United States and Indiana Constitutions.

         We affirm.

         Facts and Procedural History

         [¶2] On December 9, 2011, Indiana State Police Trooper Chris Townsend arrested

Page 61

Allen for driving while intoxicated. Also on that date, the State charged Allen with four offenses related to that incident, and Allen was released on bond. Allen subsequently was arrested and jailed for an unrelated offense in Cause No. 49G20-1204-FB-25327 (" FB-25327" ).[2] And on May 15, 2012, pursuant to a local rule, the trial court transferred the instant case to the trial court handling FB-25327. After Allen pleaded guilty in FB-25327, and after the trial court sentenced him to ten years in that case, the instant case was transferred back to the original trial court on October 15, 2012. At a pre-trial conference on October 16, the trial court scheduled a bench trial for January 23, 2013. During that pre-trial conference, Allen notified the trial court that he had just been sentenced to ten years in the Department of Correction in the other cause, and the court reporter advised Allen and his counsel that his counsel would have to file a transport order for Allen to be present at his trial.

         [¶3] On January 23, 2013, the State and defense counsel were present and ready for trial, but Allen was not there.[3] The trial court issued a " Rearrest Warrant with Bond set in the amount of $5000[.]" Appellant's App. at 7.

         [¶4] On September 5, 2013, Allen filed a pro se Verified Petition for Resolution of Detainer. On September 10, the trial court struck Allen's pro se petition because he was represented by counsel. And on April 23, 2014, Allen, by his counsel, filed his motion to discharge pursuant to Criminal Rule 4(C). The trial court denied that motion following a hearing on June 25. Following a bench trial on October 8, 2014, the trial court found Allen guilty on all four charges, but entered judgment on only three, namely, operating a vehicle while intoxicated, as a Class A misdemeanor; driving with a suspended license, a Class A misdemeanor; and driving without a license, as a Class C felony. The trial court sentenced Allen accordingly. This appeal ensued.

         Discussion ...


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