State v. Swinson

MONTIEL, Judge.

This is an appeal by the State of the trial court’s order dismissing this cause for lack of a speedy trial. Applying the four-pronged test of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), we find it clear that Swinson was denied his right to a speedy trial. The Barker test looks at the length of the delay, the reason for the delay, the assertion of the right, and the prejudice resulting from the delay.

Length of Delay

There was a 26-month delay between the date Swinson was arrested (March 28, 1989) and the date on which his speedy trial motion was heard…