State v. Helton, 34A02-9303-CR-119
| Decision Date | 16 December 1993 |
| Docket Number | No. 34A02-9303-CR-119,34A02-9303-CR-119 |
| Citation | 625 N.E.2d 1277 |
| Parties | STATE of Indiana, Appellant-Plaintiff, v. Bruce E. HELTON, Appellee-Defendant. |
| Court | Indiana Appellate Court |
Pamela Carter, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellant-plaintiff.
Steven K. Raquet, Raquet, Dabrowski & Huston, Kokomo, for appellee-defendant.
The State appeals the trial court's order of discharge in favor of Bruce E. Helton. The State may appeal such discharge pursuant to IND.CODE Sec. 35-38-4-2(2) (1988 Ed.).
The facts relevant to the appeal disclose that on July 31, 1991, the Howard County prosecutor filed an information charging Helton with robbery, a Class B felony, and conspiracy to commit robbery, a Class B felony. Also on July 31, 1991, a warrant was issued for Helton's arrest on the Howard County charges.
The charges in Howard County stemmed from the robbery of a gasoline station on the morning of July 30, 1991. Howard County, Cass County and State police searched Helton's residence on July 30, 1991. They discovered firearms which had been stolen from a Cass County gun store. Later that day in a statement to police, Helton's brother implicated Helton in the Cass County burglary and the Howard County robbery.
Helton was being held in the Cass County jail when the warrant from each of the counties was read to him. In November 1992, Helton had been sentenced on the Cass County charge and was serving a term of imprisonment in a Department of Correction facility when the Howard Circuit Court ordered his transportation to Howard County for an initial hearing on the Howard County charges. At the initial hearing, Helton was determined to be indigent, and pauper counsel was appointed.
On January 19, 1993, Helton filed his motion to dismiss the charges pursuant to Ind.Crim. Rule 4(C). On January 27, 1993, a hearing was held on Helton's motion. The trial court granted Helton's motion. This appeal ensued.
The State contends that the trial court erred in determining that Helton was entitled to discharge pursuant to Crim. Rule 4(C).
In relevant part, the rule provides:
..." (Emphasis added.)
Maxie v. State (1985), Ind., 481 N.E.2d 1307, 1309, quoting Landrum v. State (1981), Ind., 428 N.E.2d 1228, 1230.
Helton acknowledges the above authority. He argues,...
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...the new charges are filed orders his return to that court. Landrum v. State, 428 N.E.2d 1228, 1230 (Ind.1981); see also State v. Helton, 625 N.E.2d 1277 (Ind.Ct.App.1993) (warrant upon Howard County charges read to defendant while he was in custody in Cass County on other charges but defend......
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...a restriction upon his liberty and freedom of movement with regard to the charges at issue), trans. denied; State v. Helton, 625 N.E.2d 1277, 1278 (Ind.Ct.App.1993) (providing that where the appellant was being held in another county in relation to unrelated charges, arrest on charges at is......
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...an erroneous dismissal under Ind.Crim.Rule 4(C) does not bar further prosecution once the order is reversed on appeal. State v. Helton (1993), Ind.App., 625 N.E.2d 1277. IC 35-38-4-4 applies to orders or judgments "by which the defendant is discharged before trial" without specifying the ba......
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