Opinion
No. CR 88-52
Opinion delivered September 12, 1988
Petition for Writ of Prohibition.
James R. Marschewski; for petitioner.
No response.
Petitioner seeks a writ of prohibition upon allegations that the state has violated his right to a speedy trial by failing to try him within twelve months of his arrest on charges of possession of a controlled substance with intent to deliver, possession of drug paraphernalia, and with being an habitual criminal, CR-87-239, Circuit Court of Sebastian County, Arkansas, Ft. Smith District, The case is presented upon a stipulation of facts. The stipulation contains nothing concerning a trial date, but from the briefs it appears the petitioner may have been tried on these charges on April 19, 1988.
The parties are directed to submit a joint pleading or stipulation, to be filed with our Clerk advising whether petitioner has in fact been tried on these charges.
IT IS SO ORDERED.
PURTLE, J., dissents.
I dissent. The petitioner took the only logical course of action available to him after the trial judge denied his motion to dismiss for lack of a speedy trial. He petitioned this court for a writ of prohibition. The fact that there has since been a trial and conviction should have no bearing on the consideration of the merits of the case.
The parties appealed on a stipulated record containing all the facts necessary to decide this case.
The only remedy for denial of a speedy trial is dismissal. If the petitioner was not timely tried, we should simply dismiss the case. Otherwise, petitions for prohibition in situations such as this are rendered meaningless.