361 S.W.3d 244
Tex. App.2012Background
- Indictments against Garcia for possession of controlled substances were filed in 2006.
- Garcia, imprisoned in California after a federal conviction, repeatedly requested trial in 2008 and 2010.
- A third request was sent via the warden; Potter County DA did not receive it until August 13, 2010.
- Texas moved Garcia to Texas for prosecution; trial was scheduled for February 7, 2011.
- Garcia moved to dismiss the indictments as beyond the 180-day IADA period; the trial court dismissed.
- The court of appeals reversed, holding the 180-day period began when the required notice and certificate were received, triggering timely trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 180-day IADA period began when the required materials were received. | State contends deadline began August 13, 2010; timely trial. | Garcia contends more than 180 days elapsed before trial. | Yes; indictments timely; remanded for proceedings. |
Key Cases Cited
- State v. Votta, 299 S.W.3d 130 (Tex.Crim.App.2009) (establishes when deadline clock starts under IADA)
- Lindley v. State, 33 S.W.3d 926 (Tex.App.-Amarillo 2000) (180-day period begins when the written request and accompanying information are received by the proper official)
- Lara v. State, 909 S.W.2d 615 (Tex.App.-Fort Worth 1995) (prisoner’s request alone does not trigger the 180-day deadline without accompanying certificate)
- Lara v. Johnson, 141 F.3d 239 (5th Cir.1998) (federal case affirming Lara rule on start of IADA period)
- In re Fox, 141 S.W.3d 795 (Tex.App.-Amarillo 2004) (noticing requirements for IADA notice to court)