Wright v. State
| Decision Date | 07 August 1986 |
| Docket Number | No. 1285S498,1285S498 |
| Citation | 496 N.E.2d 60 |
| Parties | Tony L. WRIGHT, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
John M. Lyons, Lyons & Truitt, Valparaiso, for appellant.
Linley E. Pearson, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant Tony L. Wright pleaded guilty to two counts of dealing in a schedule I controlled substance, a class B felony. He received a fifteen (15) year sentence. On direct appeal he alleges the trial court erred in denying his request for a speedy trial under the Interstate Agreement on Detainers, Ind.Code Sec. 35-33-10-4.
On January 5, 1984, a six count information was filed against Appellant. An arrest warrant was issued on January 6, and on January 10 it was determined Appellant was incarcerated in Alabama. The Alabama Board of Corrections was notified on March 8, 1984, that the Porter County Prosecutor had filed a detainer against Appellant. Appellant was so notified on March 18, and, pursuant to Ind.Code Sec. 35-33-10-4, was instructed as follows:
On March 20, 1984, Appellant mailed a motion for a speedy trial directly to the Porter County Circuit Court, stating only that he had been confined in the Morgan County, Alabama jail for more than ninety (90) days with Indiana detainers pending against him; that his current short-time release date was January, 1985; that he did not wish to protest extradition; and that Alabama Code Sec. 15-9-82 entitled him to a trial within 180 days of the detainer. The motion was filed on April 2, 1984, but was dismissed because Appellant had not been properly arrested, nor had there been an initial hearing. Appellant was transferred to Porter County and appeared at his initial hearing on June 14, 1984. After the withdrawal of two public defenders, Appellant's present counsel was appointed, and on September 26, 1984, moved for discharge pursuant to Ind.R.Crim.P. 4(B), and Ind.Code Sec. 35-33-10-4, which motion was denied. At a hearing on...
To continue reading
Request your trial
-
People v. Smith, Docket No. 89414
...588, 54 Ill.Dec. 35, 424 N.E.2d 785 (1981) (the defendant waived her statutory speedy trial right by pleading guilty); Wright v. Indiana, 496 N.E.2d 60 (Ind., 1986) (the right to a speedy trial contained in a state court rule and a statute was waived by a guilty plea); State v. Kitt, 232 Ne......
-
People v. Smith
...People v. C'Allah, 100 A.D.2d 754, 474 N.Y.S.2d 305 (1984); People v. Harris, 103 A.D.2d 891, 478 N.Y.S.2d 188 (1984); Wright v. State, 496 N.E.2d 60 (Ind.1986); People v. Hickman, 129 A.D.2d 836, 513 N.Y.S.2d 849 Therefore Anderson, by pleading guilty, waived any objection he might otherwi......
-
Hornaday v. State
...that the expiration of the speedy-trial period does not in and of itself divest the trial court of jurisdiction. See also Wright v. State (1986) Ind., 496 N.E.2d 60. Even had Hornaday's Crim.R. 4(B) right been violated, the violation did not, under Indiana common law, deprive the court of j......
-
State v. Anderson
...People v. C'Allah, 100 A.D.2d 754, 474 N.Y.S.2d 305 (1984); People v. Harris, 103 A.D.2d 891, 478 N.Y.S.2d 188 (1984); Wright v. State, 496 N.E.2d 60 (Ind.1986); People v. Hickman, 129 A.D.2d 836, 513 N.Y.S.2d 849 Therefore Anderson, by pleading guilty, waived any objection he might otherwi......