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McDougler v. State

The trial court's order denying the defendant's speedy trial motion was insufficient to provide for proper appellate review.

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Following a jury trial, Ronald McDougler was convicted on two counts of sale of cocaine and two counts of possession of cocaine. McDougler appeals his convictions and the denial of his motion for new trial, arguing that 1 the evidence was insufficient to support his convictions, 2 the trial court erred in failing to adequately instruct the jury regarding similar-transaction evidence, 3 the trial court erred in admitting his custodial statements into evidence, 4 the trial court erred in denying his claim of ineffective assistance of counsel, and 5 the trial court erred in denying his claim that his Sixth Amendment right to a speedy trial was violated. We find that the evidence was sufficient to support McDougler’s convictions. However, because we also find that the trial court’s order denying McDougler’s speedy-trial claim is insufficient to allow us to determine whether the trial court abused its discretion, we vacate the judgment and remand the case for entry of an order expressly including proper findings in accordance with Barker v. Wingo.1

Viewed in the light most favorable to the jury’s verdict,2 the record shows that on January 30, 2008, the Camden County Sheriff’s Department set up an undercover operation, in which a confidential informant went to McDougler’s residence and purchased $20 worth of crack cocaine. On March 6, 2008, the same informant, once again working undercover, returned to McDougler’s residence and purchased another $20 worth of crack cocaine. A few days after this second purchase, a sheriff’s deputy obtained a warrant and arrested McDougler.

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