In State v. Reaves, supra, the Louisiana Supreme Court held that the motion to quash, the all embracive plea whereby an accused may urge all pleas or defenses to be raised before trial other than those relating to the merits of the charge, was the proper procedural vehicle for raising speedy trial violations. State v. Leonard, 499 So.2d 585, 588 (La.App. 2d Cir. 1986). Although relator refers to his constitutional right to a speedy trial, he does not argue a violation of this right.
It is well settled that there are two separate and distinct 'grounds for a defendant's right to a speedy trial: the statutory right set forth in La.C.Cr.P. art. 701 and the constitutional right embodied in the Sixth Amendment to the United States Constitution and Article I, ยง 16 of the Louisiana Constitution of 1974; the two are not equivalent. State v. Leonard, 499 So.2d 585 (La.App. 2d Cir. 1986); State v. Price, 96-680 (La.App. 5th Cir. 2/25/97), 690 So.2d 191. La.C.Cr.P. art. 701 provides that the sole remedy for failure to commence trial within the mandated time period is pretrial release without bail. Once a defendant has been tried and convicted, his claims under Article 701 become moot.
The two are not equivalent. State v. Leonard, 499 So.2d 585 (La.App. 2d Cir. 1986); State v. Price, 96 680 (La.App. 5th Cir. 02/25/97), 690 So.2d 191. La.C.Cr.P. art. 701 provides:
The two are not equivalent. State v. Leonard, 499 So.2d 585 (La.App. 2d Cir. 1986); State v. Price, 96-680 (La.App. 5th Cir. 02/25/97), 690 So.2d 191. La.C.Cr.P. art. 701 provides that the sole remedy for failure to commence trial within the mandated time period is pretrial release without bail.
In addition, his actions in twice changing his status from represented to unrepresented, and filing motions to suppress and recuse delayed his own motion and amounts to "just cause" for the delay. See State v. Gale, 526 So.2d 861 (La.App. 4th Cir. 1988); State v. Leonard, 499 So.2d 585 (La.App. 2d Cir. 1986). Furthermore, he went to trial 182 days after his arrest in a District Court with a busy docket.