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Ward v. State

The defendant's delayed assertion to his right to a speedy trial more than six years after his arrest and the lack of prejudice weighed heavily against him.

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Following a stipulated bench trial, Theodis Ward was found guilty of DUI, driving with a suspended license, driving without a license, and improper stopping. He now appeals, arguing that the trial court erred in denying his motion to dismiss based up on the denial of his constitutional right to a speedy trial. For the following reasons, we affirm.

The record reveals that Ward was arrested on February 8, 2006, and indicted on July 25, 2006. He entered a plea of not guilty on August 14, 2006, and the case was set for a calendar call in September 2006. When Ward’s counsel requested time to file motions, the trial court reset the case for October 12. On October 23, the case was reset to December 13 by the consent of both parties. But on December 6, Ward’s counsel filed a conflict notice informing the trial court that Ward’s case conflicted with two other court matters on December 13. The trial court found that Ward did not appear on December 13.

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