State v. Rutland
State v. Rutland
Opinion of the Court
On February 26, 1997, the appellee, William David Rutland, was arrested and charged with driving under the influence of alcohol (DUI), a violation of § 32-5A-191, Ala.Code 1975. On May 22, 1997, Rutland was convicted of DUI in the Montgomery District Court and was sentenced to one year’s imprisonment in the Montgomery County jail. All but two days of Rutland’s sentence was suspended, and he was placed on probation for two years and ordered to pay $1219.00 in fines and court costs. On the same day, Rut-land appealed his conviction to Montgomery Circuit Court for a trial de novo. On December 7, 1999, Rutland moved to dismiss his DUI based on the state’s failure to provide him a speedy trial. The circuit court, after a hearing, granted Rutland’s motion to dismiss. The state appeals.
The state contends that the trial court erred in finding that Rutland was denied a speedy trial “because it failed to consider the factors set forth in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).” (State’s brief to this Court at p. 4.)
In State v. Anderson, 640 So.2d 1061, 1063 (Ala.Cr.App. 1994), this Court stated:
“The United States Supreme Court has set out four factors that must be weighed in determining whether an accused was denied his right to a speedy trial: (1) the length of the delay, (2) the reason for the delay, (3) the accused’s assertion of his right to a speedy trial, and (4) the degree of prejudice suffered by the accused due to the delay. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).”
(Emphasis added.)
The circuit court’s written order does not indicate what grounds the court relied on in granting Rutland’s motion to dismiss. (C.R.l.) During a hearing on the motion, the circuit court stated:
“William David Rutland. In case number 97-1321, he was charged with D.U.I. on 2 26 97. He was convicted in district court. When was he convicted? 5 22 97. He filed the notice of appeal within the requisite time. The case was originally set for trial. The state moved for a continuance on 5 7 98 because one of their witnesses was out and could not be brought to court. That’s the state’s witness. The case has not been set for trial since, nor has the state moved to set the case for trial. The defendant has moved for a dismissal on lack of a speedy trial. The court finds there is proper cause to grant the motion.”
(R. 4.)
Although the circuit court appeared to be persuaded by the length of the delay
REMANDED WITH DIRECTIONS.
. For purposes of determining the length of delay, the circuit court should consider the date on which Rutland filed his appeal to circuit court.
. In his motion to dismiss, Rutland claims he was prejudiced by the delay because, he sa3's, he can no longer find his only witness. We note that Rutland fails to identify this individual, does not indicate what efforts he made to secure this witness for trial, and does not
Note from the reporter of decisions; On August 25, 2000, on return to remand, the Court of Criminal Appeals affirmed, without opinion. On September 29, 2000, that court denied rehearing, without opinion. On January 5, 2001, the Supreme Court denied certiorari review, without opinion (1000078).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.