State v. Lewis
| Decision Date | 30 November 2017 |
| Docket Number | No. SD 34485,SD 34485 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Ryan Antonio LEWIS, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
536 S.W.3d 787
STATE of Missouri, Plaintiff-Respondent,
v.
Ryan Antonio LEWIS, Defendant-Appellant.
No. SD 34485
Missouri Court of Appeals, Southern District, Division One.
Filed November 30, 2017
Motion for Rehearing and/ or Transfer to Supreme Court Denied December 22, 2017
Attorney for Defendant-Appellant: Jedd C. Schneider, of Columbia, Missouri.
Attorneys for Plaintiff-Respondent: Joshua D. Hawley, Attorney General, and Daniel N. McPherson, Assistant Attorney General, of Jefferson City, Missouri.
GARY W. LYNCH, J.
A jury found Ryan Antonio Lewis ("Defendant") guilty of robbery in the first degree and armed criminal action. See sections 569.020 and 571.015, respectively.1 On appeal, Defendant argues that "[t]he trial court erred in overruling [Defendant's] motion to dismiss" because Defendant had "vigorously" and repeatedly asserted his right to and request for a speedy trial but trial was not held until 19 months after his request. After careful consideration of the factors at issue, Defendant's point is denied, and his convictions are affirmed.
Standard of Review
"[W]hile the trial court's factual findings are subject to deferential review, this Court will review de novo whether [Defendant's] Sixth Amendment right to a speedy trial was violated." State v. Sisco , 458 S.W.3d 304, 313 (Mo. banc 2015).
Factual and Procedural Background
Defendant does not challenge the sufficiency of the evidence to support his convictions. We, therefore, limit our recitation of the facts only to those necessary to resolve Defendant's point, and we glean those facts by viewing the evidence in the light most favorable to the finding of guilt, State v. Taylor , 298 S.W.3d 482, 491 (Mo. banc 2009). The chronology of relevant events leading up to trial were as follows:
Date Event
July 30, 2014 Charged date of alleged offenses
August 3, 2014 Defendant was arrested.
August 19, 2014 Although represented by public defender Chastain,2 Defendant pro se
filed a motion for disclosure of discovery and a request for speedy
trial.3
September 11, 2014 Preliminary hearing held and Defendant bound over for arraignment in
circuit court. Circuit court case assigned to Judge Holden.
September 16, 2014 Defendant pro se filed a motion for disclosure of discovery and a
request for speedy trial.
September 18, 2014 State filed "Discovery response to defendant without court order."
September 19, 2014 Defendant arraigned on information and case set for pre-trial
conference on October 20, 2014.
October 20, 2014 Case set for complex pre-trial conference on December 9, 2014.
December 9, 2014 Case reset for complex pre-trial conference on January 13, 2015.
December 31, 2014 Defendant pro se filed a "Motion to Excuse Counsel For Ineffective
Assistance of Counsel" claiming among other things that his public
defender "induced defendant to believe that defendant did not have a
right to a Speedy Trial" and denied Defendant's demand "for his
counsel to enforce all his pro-se motions already filed by defendant[.]"
Defendant also filed a pro se motion to proceed as co-counsel.4
January 13, 2015 Case reset for complex pre-trial conference on February 9, 2015.
January 14, 2015 Defendant pro se filed a motion for ineffective assistance of counsel.
January 15, 2015 By order of the Presiding Judge, case is assigned to Judge Jones.
March 16, 2015 By docket entry the trial court found that "Defendant is well
represented by the Public Defender's Office" and denied all
outstanding pro se motions because Defendant was represented by
counsel.
March 26, 2015 Defendant pro se filed a "Motion to Dismiss with Prejudice," because
trial had not taken place as requested in his motion for speedy trial.
March 27, 2015 Defendant pro se filed a "Motion to Proceed Pro-Se (Defendant Opt to
Represent Himself)."
April 3, 2015 Trial court held a hearing on Defendant's motion to proceed pro se
and, at Defendant's request, ordered a private psychological
evaluation.5 The trial court also set a jury trial for August 24, 2015.
April 13, 2015 Defendant pro se filed a motion to dismiss the public defender's office
due to a conflict of interest. Defendant pro se also filed a motion for
change of judge.
April 14, 2015 Judge Jones recused on own motion. August 24, 2015 trial setting was
cancelled. Case assigned to Judge Mountjoy.
May 7, 2015 Defendant pro se filed a second motion to dismiss the public
defender's office due to a conflict of interest.
May 18, 2015 Defendant pro se filed a motion for change of judge.
June 11, 2015 Defendant pro se filed a second motion to proceed pro se.
June 23, 2015 Defendant pro se filed a motion for ineffective assistance of counsel.
June 25, 2015 Defendant pro se filed a second "Motion to Dismiss with Prejudice[,]"
which again alleged that he had been denied a speedy trial despite his
motions for such.
July 22, 2015 At the request of the parties, the trial court set the case for jury trial on
December 14, 2015.
October 14, 2015 Defendant pro se filed another motion for speedy trial.
October 29, 2015 Defendant pro se filed a motion for a Faretta hearing.6
November 4, 2015 Faretta hearing set for November 20, 2015.
November 12, 2015 Defendant pro se filed a request for change of judge alleging that the
trial judge "refuses to take notice of Defendant's complaints against
counsel's ineffectiveness."
November 20, 2015 State and Defendant's counsel appeared before the trial court and the
Faretta hearing was reset for December 3, 2015, without any objection
being noted in the record.
November 30, 2015 Defendant pro se filed another "Motion to Dismiss with Prejudice"
based on noncompliance with his earlier motion for speedy trial.
December 2, 2015 State and Defendant's counsel appeared before the trial court and the
December 3, 2015 Faretta hearing and December 14, 2015 jury trial
were ordered quashed, without any objection being noted in the record.
December 7, 2015 Private counsel for Defendant, Robert McGee, entered his appearance.
December 8, 2015 Defendant's private counsel McGee filed Request of Discovery.
December 10, 2015 Public defender Chastain was granted leave by the trial court to
withdraw as Defendant's counsel.
December 18, 2015 At the State's request, the trial court sets the case for jury trial on
January 11, 2016.
January 7, 2016 At a pretrial conference, the State's oral motion for continuance was
granted over Defendant's objection, and the jury trial was reset to
February 8, 2016.
February 4, 2015 The parties appeared and announced ready for trial. The trial court set
the case for jury trial on February 9,...To continue reading
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