Clifton v. State

Chad Wayne CLIFTON v. STATE of Arkansas

CR 96-405                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered October 14, 1996


Prohibition, writ of -- appellant's trial was held within the 
     twelve-month speedy-trial time -- writ of prohibition denied.
     -- Where the deputy sheriff issued a citation in lieu of
     arrest or custody on August 20, 1994, and no arrest occurred,
     the citation merely ordered appellant to appear in municipal
     court on September 27, 1994, and it was on the September 27
     date when appellant was actually arrested, appellant's arrest
     for felony manslaughter occurred on September 27, 1994, and
     the twelve-month speedy-trial time commenced then; the circuit
     court's September 22, 1995 trial date was within the one-year
     period; the circuit court had jurisdiction to proceed to
     trial; appellant's request for a writ of prohibition was
     denied.


     Appeal from Pulaski Circuit Court; Marion Humphrey, Judge;
affirmed.
     Richard M. Grasby, for appellant.
     Winston Bryant, Att'y Gen., by:  Vada Berger, Asst. Att'y
Gen., for appellee.

     Tom Glaze, Justice.
     Chad Clifton files this petition for writ of prohibition
against the Pulaski County Circuit Court after that court denied
his motion to dismiss for failure to provide a speedy trial.  Our
review of the record reflects the trial court was correct;
therefore, we deny Clifton's request for writ of prohibition.
     This matter arises from a motor vehicle accident that occurred
on August 20. 1994.  Donna Hutchinson was killed as a result of the
accident, and Clifton was taken to the hospital for medical
treatment.  The deputy sheriff who investigated the accident
interviewed Clifton at the hospital, and as a result of that
interview, the deputy issued a citation for driving while
intoxicated, driving left of center, and driving off pavement on
right.  The deputy sheriff also took Clifton's driver's license. 
Clifton later appeared in Pulaski County Municipal Court on
September 27, 1994, when the offenses with which he was cited were
dismissed, and he was arrested for manslaughter and released upon
posting a $15,000 bond.  On November 10, 1994, the prosecutor
formally filed an information in the Pulaski County Circuit Court,
alleging Clifton had feloniously and recklessly caused Ms.
Hutchinson's death.  The circuit court set a jury trial date for
September 22, 1995.
     One week prior to the date of trial, Clifton moved to dismiss
on speedy-trial grounds, and in doing so, relied on Ark. R. Crim.
P. 28.2(a).  Rule 28.2(a) provides in relevant part that the time
for trial commences running from the date of arrest for an offense
based on the same conduct or arising from the same criminal
episode.  Clifton asserts the deputy sheriff arrested him on
August 20, 1994, for DWI and the two traffic offenses, and since
those offenses arose out of the same criminal episode as the
manslaughter charge, his twelve-month speedy-trial time began on
the August 20 date.  As a consequence, he claims the last date for
trial on any and all charges was August 20, 1995.  Clifton is
mistaken.
     The short answer to Clifton's argument is that no arrest
occurred on August 20, 1994.  Instead, after interviewing Clifton
at the hospital on the August 20, 1994 date, the deputy sheriff
issued a citation in lieu of arrest or custody, which is authorized
under Ark. R. Crim. P. 5.1(a) and 5.2(a).  See Manatt v. State, 311
Ark. 17, 842 S.W.2d 845 (1992) (court held that where officer
issued offender a citation in lieu of arrest after a routine
traffic stop, the accused was not "in custody" for purposes of
Miranda warnings); Mosley v. State, 22 Ark. App. 29, 732 S.W.2d 861
(1987) (court held that a citation in lieu of arrest issued by an
officer to the accused at a hospital is not an arrest).  
     Here, the citation merely ordered Clifton to appear in
municipal court on September 27, 1994, and it was on the September
27 date when Clifton was actually arrested for any offense. 
Because Clifton's arrest for felony manslaughter occurred on
September 27, 1994, and the twelve-month speedy-trial time
commenced then, the circuit court's September 22, 1995 trial date
was within the one-year period.  Accordingly, the circuit court has
jurisdiction to proceed to trial.
     For the reasons above, we deny Clifton's request for a writ of
prohibition.