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Arbegast v. State

The more than 5-year delay between the defendant's initial arrest and the filing of his motion to dismiss was presumptively prejudicial, the delay weighed in favor of the state under the circumstances.

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Steven Jesse Arbegast was charged with two counts of child molestation1 and two counts of enticing a child for indecent purposes.2 He filed a motion to dismiss the indictment and a plea in bar, claiming a violation of his constitutional right to a speedy trial. The trial court denied the motion, and Arbegast appeals, contending that a delay of five years and two months deprived him of a fair trial. For the following reasons, we affirm. The record shows that Arbegast was arrested on September 26, 2003. He was subsequently released on bond on November 4, 2003. The indictment, which charged him with committing two counts of child molestation and two counts of enticing a child for indecent purposes on August 8, 2003, was returned on November 21, 2003. Thereafter, the case appeared on the following calendars: March 26, 2004, May 13, 2004, , June 7, 2004, , October 19, 2006, and January 9, 2009.

Arbegast was arrested on March 25, 2008, for driving with a suspended license, and he was taken into custody. On April 1, 2008, the State filed a motion to revoke his bond based on the following arrests: April 2005, for failure to appear; October 2006, for a probation violation; two separate times in February 2007, for driving with a suspended or revoked license; June 2007, for simple battery and simple assault; and November 2007 and March 2008, for driving with a suspended or revoked license. The trial court granted the motion on April 9, 2008, and Arbegast remained in jail thereafter.

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