Snyder v. Donato

• Decision Date: 30 August 2005
• Docket Number: No. 1 CA-SA 05-0112.,1 CA-SA 05-0112.
• Citation: 211 Ariz. 117,118 P.3d 632
• Parties: Michael P. SNYDER, Petitioner, v. The Honorable Richard W. DONATO, Judge of the Superior Court of the State of Arizona, in and for the County of Yuma, Respondent Judge, State of Arizona, Real Party in Interest.
• Court: Arizona Supreme Court

118 P.3d 632

211 Ariz. 117

Michael P. SNYDER, Petitioner, v. The Honorable Richard W. DONATO, Judge of the Superior Court of the State of Arizona, in and for the County of Yuma, Respondent Judge State of Arizona, Real Party in Interest.

No. 1 CA-SA 05-0112.

Court of Appeals of Arizona, Division 1, Department E.

August 30, 2005.

Law Office of Maria Elena Cruz, PLLC By Maria Elena Cruz, Yuma, Attorneys for Petitioner.

Jon R. Smith, Yuma County Attorney By Roger Nelson, Deputy County Attorney, Yuma, Attorneys for Real Party in Interest.

OPINION

LANKFORD, Judge.

¶ 1 This opinion involves a rule that alters the time to bring a criminal case to trial. The State obtained additional time because it intended to present DNA evidence. The superior court found that the involvement of DNA evidence made this a "complex case" and enlarged the time pursuant to Arizona Rule of Criminal Procedure 8.2(a)(3). Because that ruling misapplied the rule and is not supported by the record, we accepted jurisdiction and granted relief by previous order. This opinion both discusses the speedy trial rules and explains our order granting relief.

¶ 2 An explanation of some facts is necessary to illuminate the role of DNA evidence in this criminal prosecution. Before this case, Petitioner was arrested in a separate case involving a different victim and was charged with sexual conduct with a minor.¹ Petitioner was arrested again and charged with molestation of a child on November 1, 2004 based on conduct alleged to have taken place in 2001.

¶ 3 Not until March 17, 2005, more than four months after the Petitioner's arraignment, did the State begin the process of obtaining a DNA sample from the alleged victim in the earlier case. When asked why he did not "go down and see" the alleged victim in the other case, the detective in charge of petitioner's case answered that he "didn't have the opportunity to" because he has "other cases, things going on, court dates." The State's avowed purpose was to use the DNA sample as other acts evidence to show petitioner's alleged aberrant sexual propensity. The superior court has not ruled whether the DNA evidence is admissible.

¶ 4 Trial was to begin on April 12, 2005. However, on April 5, 2005, the State successfully moved to designate this case as "complex" to allow the completion of DNA analysis. The State argued that due to "the DNA lab's ability to turn around samples," it would "take about 60 days" for testing to be completed. The superior court's order changing the time limit relied on the following facts:

late discovery; the unknown location of the child; the lack of cooperation by the alleged victim of the child molesting, which resulted in the birth of the child; whether the evidence will be admissible in the new trial; and incomplete scientific testing. . . .

¶ 5 The superior court did not set a date by which the State must conduct its testing of the DNA evidence, did not specify the length of the continuance, and did not set a new trial date. No speedy trial violation had occurred at the time this case was designated complex.

¶ 6 Our decision to accept special action review is highly discretionary. See Ariz. R.P. Spec. Act. 3, note ("The special action requests extraordinary relief, and acceptance of jurisdiction of a special action is highly discretionary with the court to which the application is made."). Special action jurisdiction is appropriate when, as in this case, "a special action on speedy trial issues promotes judicial economy." State v. Tucker, 133 Ariz. 304, 306, 651 P.2d 359, 361 (1982). Because a speedy trial violation could entitle petitioner to dismissal, we need not permit this matter to proceed to trial without addressing whether the superior court's action was an error that ultimately may result in reversal. See Ariz. R.Crim. P. 8.6; Harris Trust Bank v. Superior Court, 188 Ariz. 159, 162, 933 P.2d 1227, 1230 (App.1996). Moreover, special action jurisdiction is appropriate because this case involves an issue of first impression and an issue of law likely to recur. See State ex rel. Pennartz v. Olcavage, 200 Ariz. 582, 585, ¶ 8, 30 P.3d 649, 652 (App.2001) (special action jurisdiction appropriate in cases involving a matter of first impression or statewide significance, or pure questions of law); Raney v. Lindberg, 206 Ariz. 193, 196, ¶ 5, 76 P.3d 867, 870 (App.2003) (special action review in case involving important questions of law likely to recur and undisputed facts).

¶ 7 The issue raised is whether a "complex case" designation was properly invoked under Rule 8.2(a)(3)(iii). Technically speaking, a complex case designation only extends the outer time limits within which a defendant must be tried. However, the effect of such a designation is analogous to the granting of a continuance. When it is alleged that the superior court improperly granted a Rule 8 continuance "[w]e will not disturb a ruling on a motion for continuance absent a clear abuse of the trial court's discretion." State v. Lukezic, 143 Ariz. 60, 68, 691 P.2d 1088, 1096 (1984). See also State v. Spreitz, 190 Ariz. 129, 136, 945 P.2d 1260, 1267 (1997) (A Rule 8 ruling "will be upheld unless an appellant demonstrates that the court abused its discretion and that prejudice resulted."). We review the superior court's designation of "complexity" with the same deference.

¶ 8 The right to a speedy trial is both constitutional and statutory. See id. The statutory right to a speedy trial has its foundation in several rules of criminal procedure, all of which work together to protect defendants' constitutional rights to speedy trials. See State v. Adair, 106 Ariz. 58, 60, 470 P.2d 671, 673 (1970) (Arizona Constitution and criminal rules protect right to speedy trial). Although these rules govern the time within which a defendant must stand trial, some of them provide for additional time under certain circumstances. See Ariz. R.Crim. P. 8.1, 8.4, and 8.5. Because no constitutional speedy trial issue is presented to us, we decide only the application of the rules.

¶ 9 The superior court invoked Rule 8.2(a)(3). Rule 8.2 establishes the outer time limits within which a trial must commence. Rule 8.2(a) establishes the time in which a person "against whom an indictment, information or complaint is filed shall be tried by the court having jurisdiction of the offense. . . ."

¶ 10 Rule 8.2(a)(3) provides a different time within which defendants in "complex cases" must be tried: "One year from arraignment for cases in which the indictment, information or complaint is filed between December 1, 2002 and December 1, 2005, and for subsequent cases 270 days from arraignment. . . ." Ariz. R.Crim. P. 8.2(a)(3). The rule does not mandate a finding of complexity in any given circumstance and the superior court presumably has some discretion when determining whether a case is complex. However, the court must make a "written factual finding" supporting the complex case designation. Ariz. R.Crim. P. 8.2(a)(3)(iii).

¶ 11 Rule 8.2 does not define "complex case." The comment to the rule offers examples:

Subsection (a)(3) was added because certain cases will be more complex than others and the usual time limits should be extended. In addition to homicide and wiretap cases, such cases may include those involving DNA or complex scientific evidence, complicated fraud cases, or certain sex cases. Although one year, or after December 1, 2005, 270 days is established as the outside time limit, the Court may consider a lesser period of time if appropriate. This subsection does not preclude application to the Supreme Court for suspension of the rules pursuant to Rule 8.5.

Ariz. R.Crim. P. 8.2(a)(3), committee cmt. (emphasis added). Aside from this comment, no Arizona authority discusses or applies this provision, which was added in 2002.²

¶ 12 We nevertheless must determine what constitutes a "complex case" within the ambit of Rule 8.2(a)(3) and whether this case meets that standard. We propose the following definition of "complex case": A case so complicated, by virtue of its nature or because of the evidence required, that the ordinary limits for the time to trial are insufficient and must be extended to afford more time to prepare so that the case can be fairly and fully presented.

¶ 13 We take the meaning of "complex" at its face value. A matter is complex if it is "[c]omposed of interconnected or interwoven parts" or "[i]nvolved or intricate, as in structure." Webster's II New College Dictionary 229-230 (2001). By referring to both types of cases (homicide and fraud) and types of evidence (wiretap and DNA), the comment to Rule 8.2(a)(3) suggests the nature of the qualifying complexity. Moreover, in fashioning our definition of "complex case" and applying the rule, we also draw upon related Arizona Rules of Criminal Procedure and an analogous federal statute, as discussed below.

¶ 14 The meaning of our complex case rule is illuminated by related Arizona Rules of Criminal Procedure. The speedy trial rules are designed to protect a defendant's constitutional right to a speedy trial. See Adair, 106 Ariz. at 60, 470 P.2d at 673. A deviation from the usual time limits is the exception, as illustrated by rules outlining the circumstances in which speedy trial time limits can be extended. Specifically, three rules provide exceptions to the speedy trial time limits: Rules 8.1, 8.4, and 8.5. Rule 8.1 provides that "extraordinary cases" may justify suspension of speedy trial requirements. Ariz. R.Crim. P. 8.1(e). Rule 8.4(c) allows the exclusion from speedy trial time those "[d]elays resulting from extension of the time for disclosure under Rule 15.6." Rule 15.6(e) in turn allows extensions of time for the disclosure of "scientific evidence." And Rule 8.5(b) provides for suspension of speedy trial time when "extraordinary circumstances exist" and when delay is "indispensable to the interests of justice." These rules define...