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State Idaho v. Roy R. Garcia

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eBook details

  • Title: State Idaho v. Roy R. Garcia
  • Author : Court of Appeals of Idaho
  • Release Date : January 23, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

LANSING, Judge Roy R. Garcia pleaded guilty to a charge of battery with intent to commit a serious felony, I.C. § 18-911. He has appealed from the judgment of conviction entered on the guilty plea, asserting that his right to a speedy trial was violated in the proceedings before the trial court. We conclude that Garcia's right to a speedy trial was waived when he pleaded guilty, and therefore we affirm the judgment of conviction. Garcia was charged with rape on November 5, 1992, and an information alleging that offense was filed December 4, 1992. Garcia initially pleaded not guilty, and a trial was scheduled for February 22, 1993. When that trial date was vacated because the presiding Judge fell ill, the trial was reset for May 24, 1993. Garcia's attorney moved to vacate this second trial date because DNA testing had not been concluded. The district court vacated the May 24 trial date apparently due to Garcia's motion and a conflict of interest which necessitated the discharge of the attorney for Garcia's co-defendant whose trial was consolidated with that of Garcia. Trial was once again rescheduled, this time for October 12, 1993. Garcia's trial commenced on that date, but midway through the trial Garcia arrived at a plea agreement with the prosecutor by which he agreed to plead guilty to the lesser offense of battery with intent to commit a serious felony. A judgment of conviction was entered on the guilty plea, and Garcia was sentenced to a minimum term of ten years followed by an indeterminate term of five years.


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