State v. Branstettter
Decision Date | 10 June 2003 |
Docket Number | No. WD 60916.,WD 60916. |
Parties | STATE of Missouri, Respondent, v. Donald BRANSTETTER, Appellant. |
Court | Missouri Court of Appeals |
Kent Denzel, Columbia, MO, for Appellant.
John M. Morris, III, Andrea M. Follett, Jefferson City, MO, for Respondent.
Before: LOWENSTEIN, P.J., ULRICH, J., and STEELE, Sp. J.
Donald Branstetter appeals from his conviction for felony stealing, section 570.030, and sentence of ten years of imprisonment as a prior and persistent offender, to be served consecutively to his existing sentences.1 Branstetter's only claim on appeal is that the trial court erred in denying his motion to dismiss based on the fact he was not brought to trial on the charge within 180 days, pursuant to the requirements of the Uniform Mandatory Disposition of Detainers Law ("UMDDL"), §§ 217.450-217.485.2 He asserts that due to the State's failure to timely try him, the trial court lost subject matter jurisdiction. The facts of this case bring into focus the potential effects of a writ of habeas corpus ad prosequendum on the law of detainers in Missouri.
The record on appeal reveals the following timeline:
Immediately prior to trial, the court took up Branstetter's motion to dismiss based upon the State's failure to try the case within the 180-day period specified by the UMDDL. Branstetter's offer of proof on the issue of the existence of a detainer consisted of the testimony of Lilly Adams, the Corrections Records Officer at Algoa Correctional Center. She said Branstetter's prison file did not indicate the existence of any detainers placed on him by Miller County, and that it contained no correspondence whatsoever from any Miller County judge, prosecuting attorney, or law enforcement officer requesting that a detainer or hold be lodged against him, or asking that Miller County be advised as to when he was going to be released. She also testified that sometime before February 6, 2001, Branstetter submitted a written request for the date of "the hold or whatever you have on me from Miller County." Her office's response, which was transmitted to him on February 6, 2001, was that there was no detainer from Miller County on record. On February 8, 2001, Adams' office received another request from Branstetter for the same information on pending holds or detainers. The response from Adams' office was "You do not have a hold or a detainer, however you've been going out on writs to Miller County." Adams acknowledged that Branstetter's file contained eight writs of habeas corpus ad prosequendum served by the Miller County sheriff and explained that, after each such court appearance, a DOC employee called the circuit clerk's office to learn the updated disposition of the case. Adams also testified that after Branstetter's court appearance on April 16, 2001, DOC was informed by the Miller County circuit clerk via telephone that his case had been bound over for trial. Asked why Branstetter was told he had no detainers, Adams explained that "I would need correspondence from the county to place a detainer, a written request or a fax, certified warrant requesting a detainer be placed, and that [had] not been done." Later, she noted: "We just have all the writs of prosequendum from the counties in the file, but I don't have any correspondence letter from the sheriff or court to place a detainer." Finally, Adams stated that although her office would not normally notify Miller County if Branstetter was about to be paroled, it was routine office procedure to run warrant checks on prisoners whose release was imminent. If the check showed that an outstanding warrant existed, her office would notify the sheriffs office via Teletype, asking whether the sheriff wanted to take custody of the inmate.
After receiving the offer of proof and considering the arguments of counsel, the trial court denied Branstetter's motion, ruling that ...
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