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Wofford v. State

The defendant's speedy trial rights were not violated despite the presumption of prejudice of the 32 months between the defendant's arrest and the filing of his motion for discharge.

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Chad Randall Wofford was arrested and indicted on three counts of aggravated child molestation, one count of child molestation, and one count of rape. After two years and eight months without a trial, Wofford filed a motion for discharge and acquittal on the ground that his constitutional right to speedy trial was violated.1 The trial court denied the motion, prompting this appeal. For the following reasons, we affirm. Wofford was arrested on September 20, 2005, and subsequently indicted on December 14, 2005. He was arraigned in January 2006 and his case first appeared on the September 2006 trial calendar. The record reveals that for the months of September, October, and November of 2006, and January 2007, Wofford’s case was continued by consent of both parties.

For the months of February 2007 through August 2007, the case was continued because the State tried other cases. In the latter part of the months of September, October, and November of 2007, Wofford’s counsel requested a leave of absence, and the State tried four other cases during the October calendar. In January 2008, the State requested a continuance because a witness was temporarily unavailable, and in February, defense counsel requested a continuance so that Wofford could get a psychological evaluation. In March, April, and May of 2008, Wofford’s case was not reached because the assistant district attorney assigned to the case was out for maternity leave, and the attorney assigned to replace her tried other cases during those months. The case was specially set for trial August 2008.

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