from the Warrick Circuit Court Trial Court Cause No.
87C01-1604-F6-138 The Honorable Greg Granger, Judge
Attorneys for Appellant Curtis T. Hill, Jr. Attorney General
of Indiana Larry D. Allen Andrew A. Kobe Deputy Attorney
General Indianapolis, Indiana Attorney for Appellee
K. Phillips Boonville, Indiana
The State of Indiana appeals the trial court's grant of
Nicholas Lindauer' motion to dismiss the charges against
him pursuant to Indiana Criminal Rule 4(C). The State argues
the trial court erred in granting Lindauer's motion
because the calendar year in which the State needed to bring
Lindauer to trial had not expired. Because Lindauer requested
nearly all the continuances that had occurred in the year
after the State charged Lindauer, the State's year in
which to try Lindauer had not expired. Accordingly, we
reverse and remand.
AND PROCEDURAL HISTORY
On April 6, 2016, the State charged Lindauer with a Class C
misdemeanor operating a vehicle with an alcohol concentration
equivalent (ACE) of .08 or more,  Class C misdemeanor
operating a vehicle while intoxicated,  Class B
misdemeanor possession of marijuana,  Class C misdemeanor
possession of paraphernalia,  and Level 6 felony operating a
vehicle with an ACE of .08 or more. During the hearing of April
25, 2016, Lindauer waived the formal reading of the charges
and requested the trial court "authorize a specialized
driving permit." (Tr. Vol. II at 4.) Finding no
objection from the State, the trial court granted
Lindauer's request the same day and set the case for a
progress hearing on June 27, 2016.
On June 23, 2016, Lindauer moved to continue the progress
hearing scheduled for June 27, 2016, "due to Attorney
Phillips having a confirmed Jury Trial in another
jurisdiction." (Appellant's App. Vol. II at 3.) The
trial court granted the motion and reset the hearing to
August 22, 2016.
On August 22, 2016, the trial court conducted a progress
hearing. Lindauer explained that plea negotiations were
ongoing and stated that "we have a shot at getting this
resolved[.]" (Tr. Vol. II at 6.) The CCS states:
"On Defendant's motion matter is reassigned for
Progress Hearing on October 24, 2016." (Appellant's
App. Vol. II at 3.)
At the hearing of October 24, 2016, Lindauer referenced the
continuing negotiations and requested the hearing to be reset
"for an anticipated plea." (Tr. Vol. II at 6.)
Accordingly, the CCS reflects: "On Defendant's
motion matter is reassigned for progress hearing on November
14, 2016  for possible plea." (Appellant's App.
Vol. II at 3.)
On November 14, 2016, the parties informed the trial court
that no plea had been reached. Lindauer moved to set the case
for a later progress hearing, to which the State acquiesced.
The court offered January 30, 2017, to which Lindauer
responded: "Sounds great." (Tr. Vol. II at 7.)
On January 30, 2017, the court conducted a progress hearing.
Essentially as soon as the court called the case, Lindauer
requested the court reset the case for February 27, 2017,
because "[w]e're on our third version of the plea
agreement." (Id. at 8.) After brief discussion
of the single term of the plea that divided the parties,
Lindauer said: "So if we can set it for the
27th that'd be my request. We're gonna
resolve it I believe. . . . And I assume the Court'll
either accept or reject and set it for Trial."
(Id.) "On Defendant's motion matter is
reassigned for February 27, 2017." (Appellant's App.
Vol. II at 4.)
At the February progress hearing, Lindauer advised the trial
court that he "pitched a potential resolution to [the
State]. [The State] wants to do some investigation on its
own. And I think we're gonna set up a time to chat with
each other about it." (Tr. Vol. II at 9.) Accordingly,
"[o]n Defendant's motion matter is reassigned for
March 20, 2017." (Appellant's App. Vol. II at 4.)
Again, during the March hearing, Linduaer notified the court
that they "just need a date a couple weeks out" to
come to a resolution with the State. (Tr. Vol. II at 9.)
Therefore, "[o]n Defendant's motion matter is
reassigned for ...