State v. Wood

Because the trial court made a factual error regarding a reason for the pre-trial delay, the Court vacated the grant of the defendant's motion to dismiss the indictment against him on constitutional speedy trial grounds and remanded for reconsideration.

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The State appeals from the trial court’s grant of defendant Johann Michael Wood’s motion to dismiss the indictment on constitutional speedy trial grounds, arguing that the trial court erred in considering Wood’s constitutional speedy trial motion without Wood having joined the issue or subjected himself to the court’s jurisdiction, without Wood being present in court, and in failing to accord any weight to the trial delay caused by Wood’s own actions. We vacate the trial court’s order and remand for the trial court because the trial court made a factual error regarding a reason for the pre-trial delay that must be reconsidered.

The evidence in the record reveals the following facts. Sometime in 2006, Wood allegedly inserted his fingers into the victim’s vagina and touched her breasts. The victim, a member of Wood’s extended family, was less than 16 years old at the time. Wood became aware that the victim made allegations to her family regarding his conduct, and he allegedly made a statement to one of his sisters that he was considering being chemically castrated. Wood’s and the victim’s families also discussed how to resolve the matter among themselves. The victim’s mother allegedly told Wood she was not planning on making a police report, yet Wood’s father and brother testified that the victim’s mother’s boyfriend made threats against Wood’s life. Wood claims to have left the country to live with his mother, who was a resident of the Netherlands, on January 9, 2007. Warrants were issued for Wood’s arrest on these charges on February 12, 2007, but they were never executed. On January 5, 2009, Wood was indicted on three counts of child molestation and three counts of aggravated sexual battery. His arraignment was set for January 27, 2009. Notice of the arraignment was mailed to his last known address in Georgia. When Wood did not appear for arraignment, a bench warrant was issued. At the request of the State, the case was dead docketed in March 2010 on the basis that Wood was a fugitive.

State v. Wood

Because the trial court made a factual error regarding a reason for the pre-trial delay, the Court vacated the grant of the defendant's motion to dismiss the indictment against him on constitutional speedy trial grounds and remanded for reconsideration.

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