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09/30/94 LEON BISHOP v. STATE

September 30, 1994

LEON BISHOP
v.
STATE



Morgan. CC-87-893. Richard Hundley; Ted Bozeman; C. Bennett McRae, TRIAL JUDGES.

Rule 39(k) Motion Denied November 10, 1994. Rehearing Denied November 10, 1994. Certiorari Denied February 24, 1995. Released for Publication June 25, 1995.

Bowen, Presiding Judge. All Judges concur.

The opinion of the court was delivered by: Bowen

[EDITOR'S NOTE: THE ORIGINAL SLIP OPINION CONTAINED ILLEGIBLE WORDS AND/OR MISSING TEXT.]

ON RETURN TO REMAND

BOWEN, PRESIDING JUDGE

On original submission, this Court remanded this cause to the trial court with directions that the trial court conduct an evidentiary hearing to determine whether the appellant had been denied his constitutional right to a speedy trial. On July 27, 1994, that hearing was conducted. The appellant was present and was represented by counsel. In addition, this Court has been supplied with the transcript of the hearing held on April 30, 1992, which was not presented to this Court on original submission.

With commendable thoroughness, the trial court entered findings of facts and Conclusions of law in denying the appellant's motion to dismiss based on the alleged denial of his right to a speedy trial. Remand C.R. 17-26. That order is attached to this opinion as an appendix and is supported by the record on appeal.

For the reasons stated in the order of the trial court entered August 30, 1994, this Court holds that the appellant was not denied his right to a speedy trial.

The judgment of the circuit court is affirmed.

OPINION EXTENDED; AFFIRMED.

All Judges concur.

APPENDIX

STATE OF ALABAMA VS. LEON BISHOP

IN THE CIRCUIT COURT OF MORGAN COUNTY, ALABAMA

CASE NO. CC87-893

RETURN TO REMAND

COMES NOW the undersigned, having been instructed by the Honorable Court of Criminal Appeals to enter specific and detailed written findings in accord with the Honorable Court's order of remand, and would show unto the Court the following:

1. That on July 27, 1994, at 9:00 A.M., the appellant/defendant was present in open court with his attorney of record, Lindsey Mussleman Davis, for hearing on the issue of speedy trial and that the State of Alabama was represented at said hearing by J. Patrick Lamb, Assistant District Attorney.

2. That the parties were permitted to call witnesses and present arguments of counsel to the Court and said arguments and testimony were recorded by the Court's reporter.

3. That the Court hereby orders that a transcript of these proceedings be prepared and be included, together with copies of all exhibits and pleadings of counsel filed in conjunction with this hearing, as part of this Court's return to remand.

4. That the State's "Motion to Adopt Findings of the Court of Criminal Appeals to Supplement the Record and Take Judicial Notice of Appropriate Facts" was granted by the Court without objection from opposing counsel. In granting said motion the Court replaced the date of April 17, 1993, appearing in paragraph five of the State's motion with the correct date of April 19, 1993.

5. That, having taken said proceedings under advisement, the Court hereby enters the following findings of fact:

FINDINGS OF FACT

1. That appellant/defendant was arrested on the charges at bar on August 13, 1987, and was tried and convicted of sexual abuse in the first degree on April 22, 1993, a delay of five years and eight months.

2. That Ralph Slate, Esq., entered the case at bar as attorney of record on September 4, 1987, and remained as attorney of record ...


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