Young v. State, 5816
| Decision Date | 12 March 1973 |
| Docket Number | No. 5816,5816 |
| Citation | 254 Ark. 72,491 S.W.2d 789 |
| Parties | James Earl YOUNG, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Harold Hall, Public Defender, Little Rock, for appellant.
Jim Guy Tucker, Atty. Gen., by Gene O'Daniel, Asst. Atty. Gen., Little Rock, for appellee.
A jury found appellant guilty of possessing stolen property and, pursuant to our habitual criminal act, imposed a 31 year penitentiary sentence. The trial court accordingly entered judgment and directed that his sentence be served upon the expiration of his incarceration in the federal penitentiary. The appellant, through the public defender as appellate counsel, first contends for reversal that the court erred in refusing to dismiss the charges against him since he was not brought to trial within 180 days after his written request for a speedy trial as provided for in Ark.Stat.Ann. § 43--3201 et seq. (1971 Supp.).
On October 4, 1971, appellant, when he was in custody of the sheriff of Fulton County, Atlanta, Georgia, with Arkansas detainers filed against him on 'two crimes of possession of stolen property,' forwarded a pro se petition for a speedy trial. His pro se request was subscribed by a case worker and mailed to the local prosecuting attorney. Appellant was brought to trial approximately two months after the expiration of 180 days from the date of the written request.
Our Interstate Agreement on Detainers provides that whenever a request is made in the prescribed manner and form by an inmate of a state or federal institution, he must be brought to trial within 180 days if the state or federal agency is a party to our interstate compact. From the record before us to clearly appears tht appellant's request was not in proper form as required by the statute. However, we deem it unnecessary to discuss these deficiencies inasmuch as the State of Georgia was not a party to our interstate agreement at the time of appellant's request. That state did not become a party until April 3, 1972, at which time Chapter 77--5B (Code of Ga.Ann. (1972 Supp.)) was enacted and entitled 'Interstate Agreement on Detainers.' Appellant was brought to trial in our state approximately two months afterwards. Therefore, appellant cannot validly assert there was a violation of his statutory rights.
Neither can we agree with appellant's assertion that the trial court erred in allowing evidence to be introduced against him as a result of a search of his home at a time when 'he was illegally arrested without probable cause and detained.' A local business office was burglarized and among the articles taken from a safe were 21 S & H green stamp books totaling approximately 17,000 stamps. The local stamp redemption center was alerted. As a result an employee recognized the serial numbers on the stolen stamps when they were presented for redemption by appellant's wife with appellant accompanying her. The employee transmitted their car...
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...49 L.Ed.2d 1000 (1976); Wickliffe v. State, 258 Ark. 544, 527 S.W.2d 640; Milburn v. State, 260 Ark. 553, 542 S.W.2d 490; Young v. State, 254 Ark. 72, 491 S.W.2d 789; Thomas v. State, 262 Ark. 83, 553 S.W.2d 41. See also, Bedell v. State, 257 Ark. 895, 521 S.W.2d 200, cert. den., 430 U.S. 9......
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