State v. Roy
State v. Roy
Opinion of the Court
Appellant challenges the dismissal of a complaint for violation of the 180-day speedy-trial period under the Interstate Agreement on Detainers,
FACTS
On May 22, 2017, appellant State of Minnesota charged respondent Jeremy Roy with two counts of fifth-degree controlled-substance possession under
On July 3, 2017, Roy filed a Detainer Disposition Request under the Interstate Agreement on Detainers (AID),
At a January 4, 2018 settlement conference with the district court, Roy asked the court to maintain the January 9 trial date. The court then sua sponte dismissed the complaint with prejudice on the basis that more than 180 days had elapsed since Roy filed his Detainer Disposition Request, and that the IAD therefore required that Roy be returned to North Dakota as soon as practicable. The state immediately requested reconsideration and a stay of the dismissal. The court took no action on the state's request.
This appeal follows.
ISSUE
Did the district court err by dismissing the complaint on the basis that the January 9, 2018 trial date violated Roy's 180-day speedy-trial right under the IAD?
ANALYSIS
To proceed with a pretrial appeal, the state must first demonstrate that the district court's error "will have a critical impact on the outcome of the trial." Minn. R. Crim. P. 28.04, subd. 2(1). "Dismissal of a criminal complaint satisfies the critical-impact requirement." State v. Gerard ,
The state argues that the district court erred by concluding that Roy's January 9, 2018 trial date violated his speedy-trial right because Roy's motion to dismiss tolled the IAD's 180-day trial period. The state argues that the district court should have tolled the 180-day trial period during the time necessary for the court to resolve Roy's motion to dismiss. We agree.
The IAD establishes procedures for resolving one state's outstanding criminal charge against a prisoner of another state, the United States, and the District of Columbia. State v. Dickerson ,
The official in the state with custody over the prisoner (sending state) "shall offer to deliver temporary custody" of the prisoner to the state with pending charges over the prisoner (receiving state). Id ., subd. 1, art. V(a). Once in the custody of the receiving state, the district court "may grant any necessary or reasonable continuance" in open court, with the defendant and counsel present, "for good cause shown." Id ., subd. 1, art. III(a). Without such a continuance, failing to bring the defendant to trial within the 180-day trial period results in dismissal of the charge with prejudice and return of the prisoner to the custody of the sending state. Id ., subd. 1, art. V(c), (e).
This court reviews questions involving the construction of the IAD de novo. Dickerson ,
In its January 4, 2018 order, the district court noted that Roy filed his Detainer Disposition Request under
No Minnesota case analyzes tolling of the 180-day trial period under the IAD. But the Minnesota Supreme Court has analyzed the tolling of the requisite trial period under the Uniform Mandatory Disposition of Detainers Act (UMDDA),
In Wilson , the supreme court analyzed whether a defendant's motion to dismiss tolls the UMDDA's six-month period and determined that "[s]tates that have enacted the UMDDA and IAD permit tolling of the statutory time limit when the defendant caused or created the delay."
The district court erred by concluding that Roy's speedy-trial right under the IAD was violated because the court did not exclude from its calculation the 42 days between the filing of Roy's motion to dismiss and the court's resolution of the motion. Excluding the 42 days, the 180th day fell on February 12, 2018, not on December 30, 2017, as determined by the district court.
Because we are reversing the district court's dismissal of the complaint on the basis that Roy was not deprived of his speedy-trial right under the IAD, we need not reach the state's additional arguments that Roy waived his right to a speedy trial under the IAD by not objecting to, and later affirming, the January 9, 2018 trial date, and that the district court erred by sua sponte dismissing the complaint without giving it notice and an opportunity to be heard. See Court Park Co. v. County of Hennepin ,
DECISION
Because the district court erred in dismissing the complaint on the basis that the January 9, 2018 trial date violated Roy's 180-day speedy-trial right under the IAD, we reverse the dismissal of the complaint and remand to the district court for further proceedings.
Reversed and remanded.
Even without tolling the 180-day trial period while Roy's motion to dismiss was pending, the district court erred by determining that the 180th day fell on December 30, 2017. That day was a Saturday and the following Monday was New Year's Day, a court holiday. Without any tolling, the 180th day fell on January 2, 2018. See Minn. R. Civ. P. 6.01(a) (instructing on how to compute time requirements).
Reference
- Full Case Name
- STATE of Minnesota v. Jeremy Brian ROY
- Status
- Published