Bonds v. State
| Docket Number: | 2004-KA-00853-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-26-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Shooting into automobile & Possession of firearm by felon - Right to speedy trial Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-05-2004 Appealed from: Pike County Circuit Court Judge: Keith Starrett Disposition: CONVICTED OF - COUNT I, SHOOTING INTO AN AUTOMOBILE AND SENTENCED TO FIVE YEARS; AND COUNT III POSSESSION OF A FIREARM BY A CONVICTED FELON AND SENTENCED TO THREE YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER WITH SENTENCE IN COUNT III TO RUN CONSECUTIVELY TO SENTENCE IN COUNT I AND CONCURRENTLY TO SENTENCE IMPOSED IN CAUSE NO. 03-271-KA AND PAY FULL RESTITUTION District Attorney: DEE BATES Case Number: 03-258-KA |
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| Party Name: | Attorney Name: | |||
| Appellant: | Otis Bonds |
WILLIAM E. GOODWIN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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| Topic: | Shooting into automobile & Possession of firearm by felon - Right to speedy trial |
| Summary of the Facts: | Otis Bonds was convicted of shooting into an automobile and of possession of a firearm by a felon. He was sentenced as an habitual offender to five years’ imprisonment for the shooting and three years’ imprisonment for the possession of a firearm. He appeals. |
| Summary of Opinion Analysis: | Barnes argues that the court erred by not dismissing the charges because he was denied his right to a speedy trial. In determining whether a defendant’s constitutional right to speedy trial has been violated, the court should consider the length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant. Bonds was tried 580 days after arrest which is presumptively prejudicial. The trial court found that the State had shown good cause for the delay as the State argued that the reason for the delay was because the officer who made the case was deployed to Iraq after the arrest and the City of Summit presented the case in due course. There was substantial evidence to support the trial court’s finding that the case was brought in due course. Bonds did not request a speedy trial but instead twice asked that the charges be dismissed against him because of an alleged lack of speedy trial. Bonds has offered no evidence of prejudice, such as lost evidence or unavailability of witnesses as to how his defense was impaired. Given these factors, Bonds was not denied his right to a speedy trial. Because there were only 226 days from Bonds’s arraignment to his trial, his statutory right to a speedy trial was not violated. |
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