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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Mar 03 2010, 9:26 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: CARA SCHAEFER WIENEKE Special Assistant to the State Public Defender Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICAHEL A. MCCOY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 53A05-0907-CR-433

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Marc R. Kellams, Judge Cause No. 53C02-0801-FD-16

March 3, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Michael A. McCoy appeals after a jury trial from his conviction of Intimidation,1 a class D felony. McCoy presents the following issue for review: Was McCoy denied his right to a speedy trial pursuant to Ind. Crim. Rule 4(B)(1) and, thus, entitled to discharge? We affirm. On January 9, 2008, the State charged McCoy with one count of intimidation in connection with threats McCoy communicated to a correctional officer. Several days after a public defender was appointed to represent him, McCoy filed the first of many pro se motions for speedy trial which were stricken from the record by the trial court. On May 9, 2008, McCoy, by counsel, filed a motion for early trial pursuant to Crim. R. 4(B)(1) and the trial court set McCoy's jury trial for July 16, 2008. The State filed a motion to reset the jury trial to July 11, 2008. McCoy's trial counsel filed a motion to withdraw his appearance due to a "fundamental disagreement" with McCoy. Appellant's Appendix at 39. A week before trial, a hearing at which McCoy was not present was held on defense counsel's motion. The trial court then granted the State's motion to release McCoy on his own recognizance as to the current charges. McCoy remained in jail though because he was being held without bail on unrelated charges. The trial court then set a new trial date for November 6, 2008. The trial court granted two different motions to substitute counsel representing McCoy, and the jury trial date was reset for March 31, 2009. The trial court sua sponte reset the trial date twice due to congestion of the court's docket, ultimately setting the matter for
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Ind. Code Ann.

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