Alford v. State, No. 3--672A21
| Docket Nº | No. 3--672A21 |
| Citation | 35 Ind.Dec. 588, 294 N.E.2d 168, 155 Ind.App. 592 |
| Case Date | March 27, 1973 |
Page 168
v.
STATE of Indiana, Appellee (Plaintiff Below).
[155 Ind.App. 593]
Page 169
Daniel A. Roby, Wyss, McCain, Mochamer, Roby, Ryan & Myers, Fort Wayne, for appellant.Theodore L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., for appellee.
STATON, Judge.
NATURE OF THE APPEAL: Orville Richard Alford, hereinafter referred to as Alford, pled guilty on September 9, 1968 to the offense of second degree burglary. 1 Before [155 Ind.App. 594] Alford was sentenced by the Allen Circuit Court, he left Indiana for Kentucky where he was convicted for a second offense and sentenced to the Kentucky State Penitentiary. During Alford's incarceration in Kentucky, he filed a motion for speedy trial and motion to dismiss pending charge with the Allen Circuit Court. A writ of mandate for discharge filed with the Supreme Court of Indiana was denied too. After serving three years in the Kentucky State Penitentiary, Alford was returned to Indiana on a detainer warrant and sentenced by the Allen Circuit Court on March 20, 1972 to not less than two (2) nor more than five (5) years. On the day of sentencing, Alford filed a petition for discharge on the grounds that the State of Indiana should have returned him to Indiana for sentencing earlier so that his Indiana and Kentucky sentences would run concurrently. It is from the overruling of this petition that Alford appeals.
We affirm the Allen Circuit Court's judgment denying Alford's petition for discharge in our opinion which follows:
STATEMENT OF THE FACTS: The record discloses the following detailed sequence of events climaxing in the sentencing
Page 170
of Orville Richard Alford and ultimately in this appeal: 1965
Nov. 18, 1965 -- Affidavit for second degree burglary
filed against Orville Richard Alford.
1968
Aug. 12, 1968 -- After many continuances at Defendant
Alford's request, arraignment set for
Sept. 9, 1968 -- Sept. 9, 1968. Alford pleads guilty to
second degree burglary; sentencing set
for Oct. 7, 1968.
Oct. 4, 1968 -- Pre-commitment report filed.
Oct. 7, 1968 -- Sentencing deferred until Jan. 6,
1969 at Alford's request.
1969
Jan. 6, 1969 -- Sentencing deferred until Jan. 13,
1969 at Alford's request.
Jan. 13, 1969 -- First detainer warrant issued to
the State of Kentucky.
Jan. 15, 1969 -- Alford fails to appear and his
bondsman given 10 days to
produce him.
1970
Feb. 26, 1970 -- Alford files motion for speedy
trial pro se.
* Mar. 2, 1970 -- Alford appears in court and cause
continued to Mar. 16, 1970.
* Mar. 16, 1970 -- Alford appears in court and cause
deferred to Mar. 23, 1970 at
Alford's request.
Mar. 31, 1970 -- Alford files motion to dismiss
pending charge again pro se.
* April 6, 1970 -- Alford appears in court and cause
deferred until April 20, 1970 at
Alford's request.
April 13, 1970 -- Alford's motion to dismiss denied
by the Allen Circuit Court.
April 20, 1970 -- Alford appears by counsel and
cause continued until his return
to the jurisdiction.
Nov. 9, 1970 -- Supreme Court of Indiana denies
Alford's writ of mandate for
dismissal of charge.
1972
Feb. 22, 1972 -- Second detainer warrant issued
to the State of Kentucky.
Mar. 6, 1972 -- Alford appears in court and cause
continued until Mar. 20, 1972 to
allow filing of a motion to
dismiss.
Mar. 20, 1972 -- Alford files petition for discharge
which is denied; Alford sentenced
to not less than 2 nor more than
5 years.
Note: Although the record states that Alford appeared in court in person, this is
controverted by the fact that he was incarcerated in the Kentucky State
Penitentiary from January, 1969 to March, 1972.
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Woodson v. State, No. 2-478
...To the extent the cases of Weatherford v. State (1975), Ind.App., 328 N.E.2d 756, 47 Ind.Dec. 179, and Alford v. State (1973), Ind.App., 294 N.E.2d 168, 35 Ind.Dec. 588, hold to the contrary, they are The Defendant claims that Holland, in condemning In futuro sentences, supports his proposi......
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State v. Sterling, No. 5216-I
...is insufficient to show prejudice, State v. Wieman, 19 Wash.App. 641, 645, 577 P.2d 154 (1978). See Page 178 also Alford v. State, 155 Ind.App. 592, 294 N.E.2d 168 We have balanced the factors pertaining to the reason for and the length of the delay, the failure of the defendant to seek sen......
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Taylor v. State, No. 3--675A107
...for the discharge of a defendant where the time limits prescribed and not met. As the court stated in Alford v. State (1973), Ind.App., 294 N.E.2d 168, operation of the rule does not affect the guilt determining process and does not involve an accused's constitutional right to speedy A numb......
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State v. Wooley, No. 16820
...Accord People v. Emig, 177 Colo. 174, 493 P.2d 368 (1972); People v. Kennay, 391 Ill. 572, 63 N.E.2d 733 (1945); Alford v. State, 155 Ind.App. 592, 294 N.E.2d 168 (Ind.Ct.App.1973) overruled on other grounds, Holland v. State, 265 Ind. 216, 352 N.E.2d 752; Anthony v. Kaiser, 350 Mo. 748, 16......
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Woodson v. State, No. 2-478
...To the extent the cases of Weatherford v. State (1975), Ind.App., 328 N.E.2d 756, 47 Ind.Dec. 179, and Alford v. State (1973), Ind.App., 294 N.E.2d 168, 35 Ind.Dec. 588, hold to the contrary, they are The Defendant claims that Holland, in condemning In futuro sentences, supports his proposi......
-
State v. Sterling, No. 5216-I
...is insufficient to show prejudice, State v. Wieman, 19 Wash.App. 641, 645, 577 P.2d 154 (1978). See Page 178 also Alford v. State, 155 Ind.App. 592, 294 N.E.2d 168 We have balanced the factors pertaining to the reason for and the length of the delay, the failure of the defendant to seek sen......
-
Taylor v. State, No. 3--675A107
...for the discharge of a defendant where the time limits prescribed and not met. As the court stated in Alford v. State (1973), Ind.App., 294 N.E.2d 168, operation of the rule does not affect the guilt determining process and does not involve an accused's constitutional right to speedy A numb......
-
State v. Wooley, No. 16820
...Accord People v. Emig, 177 Colo. 174, 493 P.2d 368 (1972); People v. Kennay, 391 Ill. 572, 63 N.E.2d 733 (1945); Alford v. State, 155 Ind.App. 592, 294 N.E.2d 168 (Ind.Ct.App.1973) overruled on other grounds, Holland v. State, 265 Ind. 216, 352 N.E.2d 752; Anthony v. Kaiser, 350 Mo. 748, 16......