Speedy Trial: POWELL V. COM. (COA 10/5/2007)

POWELL V. COM.
CRIMINAL:  SPEEDY TRIAL
2006-CA-000522
PUBLISHED: AFFIRMING
PANEL: VANMETER PRESIDING; KELLER, GUIDUGLI CONCUR
COUNTY: KENTON
DATE RENDERED: 10/05/2007

CA affirmed Powell’s conviction and 13 year sentence for complicity to commit first-degree robbery and being a first-degree persistent felony offender (PFO). Defendant’s right to a speedy trial was not violated by TC’s order granting the Commonwealth’s motion to continue. Here, eleven months lapsed from the time Powell was initially arrested until trial; less than eight months lapsed from the time he was indicted until trial. Regardless of whether his right to a speedy trial attached when he was initially arrested or when he was indicted, even the eleven-month delay between Powell’s initial arrest and trial was not “presumptively prejudicial” given the complexity of this case, and his right to a speedy trial was not violated. Any error in the admission of investigative hearsay testimony was harmless.

Digested by Scott C. Byrd
Olgin and Byrd