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State v. Richardson

Court of Appeals of Idaho

February 23, 2018

STATE OF IDAHO, Plaintiff-Respondent,
KYLE A. RICHARDSON, Defendant-Appellant.

         Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Jay P. Gaskill, District Judge.

         Order denying motion to dismiss, affirmed in part and case remanded.

          Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Sally J. Cooley argued.

          Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent. Russell J. Spencer argued.

          HUSKEY, Judge.

         Kyle A. Richardson appeals from the district court's judgment of conviction for three counts of delivery of a controlled substance and order of restitution. He argues: (1) his speedy trial rights under the United States and the Idaho Constitutions were violated; (2) his speedy trial rights under Idaho Code Sections 19-106 and 19-3501 were violated; (3) the State failed to bring him to trial within 180 days as required by the Interstate Agreement on Detainers (IAD); (4) the district court violated Idaho Rule of Evidence 404(b) by admitting a statement from an officer at trial; and (5) part of the district court's order of restitution was not supported by substantial and competent evidence. The district court's order denying Richardson's motion to dismiss is affirmed in part, and the case is remanded.



         In September of 2011, Richardson sold a confidential informant methamphetamine in three controlled buys. The confidential informant paid Richardson in four installments. On January 4, 2012, Richardson was arrested and charged with three counts of delivery of methamphetamine in a criminal complaint; the State subsequently filed an information on February 22, 2012. Richardson pleaded not guilty to the charges and his trial was set for June 4, 2012. Following a hearing, the district court granted the State's motion for a continuance, resetting the trial for August 20, 2012. The district court subsequently vacated that trial date to permit the district court sufficient time to rule on various motions. The district court denied one of the motions--the State's motion to admit the transcript of the deceased confidential informant's preliminary hearing testimony. The State filed a permissive appeal and the Idaho Supreme Court reversed the district court's order. State v. Richardson, 156 Idaho 524, 328 P.3d 504 (2014). The remittitur was issued July 16, 2014. Id.

         At a status hearing on July 24, 2014, the district court was informed that Richardson was in federal custody for an offense committed in Washington. On May 14, 2014, in the federal case, Richardson was sentenced to a five-year term of imprisonment, which he spent mostly in Indiana. As a result, Richardson did not appear at the July 24, 2014, hearing before the district court, and the court issued a bench warrant for Richardson's arrest. At that hearing, the State represented that it was defense counsel's responsibility to initiate Richardson's transport to Idaho to stand trial.

         Richardson was served with the warrant on January 6, 2015. On February 2, 2015, the district court and the State received a pro se "Demand for Speedy Trial and Final Disposition, " sent by Richardson while confined in Indiana. The demand was made pursuant to the Sixth and Fourteenth Amendments to the United States Constitution, the Idaho Constitution, and the Idaho speedy trial statutes. The documents attached to the demand provided details concerning Richardson's federal case and sentence.

         The district court held several status hearings to assess Richardson's return to Idaho to face his Idaho charges. During the course of the next six months, the State made various representations to the district court that it was arranging for Richardson's transport to Idaho. Ultimately, the State formally lodged a detainer against Richardson.

         On June 25, 2015, the State told the district court that federal correctional officials had received all necessary documentation for Richardson's transport. On July 22, 2015, the district court and the State received documents from the correctional officials providing written notice of Richardson's incarceration in Indiana, a request for the final disposition of his Idaho charges, and a certificate. The certificate stated the terms of Richardson's federal sentence, his time served, the amount of good time he had earned, and his parole eligibility. Also included were necessary forms for the State to complete and return to the federal correctional officials. On July 30, 2015, the State informed the district court that it had not sent a required form to the federal correctional officials to secure Richardson's return, but that it was working on it.

         Richardson filed a pro se motion to dismiss and for final disposition on August 14, 2015, arguing that his constitutional and statutory speedy trial rights had been violated and the State had not brought him to trial within the 180-day period required by the IAD. A hearing was held and the district court permitted defense counsel to brief Richardson's pro se motion. The district court set a new trial date of December 7, 2015. On October 2, 2015, the district court denied Richardson's motion to dismiss. The district court found that the State had not violated the 180-day IAD period because Richardson's February 2, 2015, speedy trial demand did not trigger the IAD timeline. Thus, according to the district court, the IAD was not triggered until June 24, 2015, when the State filed a detainer ...

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