Johnson v. State

The trial court made factual findings, which the record did not support, and misapplied the Barker factors in denying the defendant's plea in bar to charges of burglary and theft by taking on speedy trial grounds.

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Ricky J. Johnson was indicted on one count of burglary and four counts of theft by taking. Thereafter, Johnson filed a motion to dismiss/plea in bar to these charges, alleging that his Sixth Amendment right to a speedy trial had been violated. The trial court denied Johnson’s motion, and this appeal follows, in which Johnson contends that the court erred in its analysis of the required Barker 1 factors. For the reasons set forth infra , we vacate the trial court’s order and remand for reconsideration. The record shows that Johnson was arrested on November 8, 2007, and was thereafter appointed indigent-defense counsel on November 21, 2007. Johnson’s first attorney, Parker McFarland,2 quickly realized that he had also been appointed to represent Johnson’s co-defendant and informed Johnson upon his initial visitation that he would be unable to serve as his counsel.3

Thereafter, on November 30, 2007, Johnson signed and presumably mailed a pro se demand for a constitutional speedy trial, which was filed by the clerk of court on December 6, 2007. Also on November 30, 2007, the indigent-defense administrator for Forsyth County appointed Gregg Schuder to represent Johnson.4 And while the appointment form was not filed with the clerk of court until December 5, 2007, Schuder signed an entry of appearance on December 3, which was then filed with the court on December 4. Schuder thereafter filed a number of motions on Johnson’s behalf, but he did not file a speedy-trial demand.

Johnson v. State

The trial court made factual findings, which the record did not support, and misapplied the Barker factors in denying the defendant's plea in bar to charges of burglary and theft by taking on speedy trial grounds.

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