Kimberly v. State

David Kimberly was convicted for second degree robbery and sentenced to fifteen years' imprisonment as a habitual offender. Two issues are raised on appeal.

I

The defendant argues that the delay of four years, two months, three weeks, and two days between his indictment and trial denied him a speedy trial. The significant facts are as follows:

1981, May 12 The defendant and Jay Whatley rob Murray's Antiques in Mobile, Alabama, and flee the state.

1982, January 15 The defendant is indicted for robbery in Mobile.

July 8 The defendant is arrested by the F.B.I. in Florida. He is subsequently convicted…