Drug Possession

| Sep 5, 2010 | Criminal Defense |

In Votta, the defendant was charged with two counts of possession of drugs and two counts of bail jumping and failure to appear.  Because he was incarcerated in a federal facility while these charges were pending, he sought a speedy disposition under the Interstate Agreement on Detainers Act.  When the State failed to bring appellee to trial within the 180 day limitation period set out in the Act, the charges against him were dismissed with prejudice.

The State appealed the dismissal, and the Court of Appeals affirmed.  The Court of Criminal Appeals, however, reversed the trial court.  The trial court did not enter findings of fact and conclusions of law.  Without findings, the court could not conclude that the prosecuting officer and the appropriate court properly received notice of appellee’s request for disposition even though it was sent under a different name than that under which the charges were filed and to the county court rather than the district court where charges were pending.