Submitted on Briefs: May 17, 2017
FROM: District Court of the Second Judicial District, In and
For the County of Silver Bow, Cause No. DC-14-108 Honorable
Brad Newman, Presiding Judge
Appellant: Chad Wright, Chief Appellate Defender, Moses
Okeyo, Assistant Appellate Defender, Helena, Montana
Appellee: Timothy C. Fox, Montana Attorney General, Ryan W.
Aikin, Assistant Attorney General, Helena, Montana, Eileen
Joyce, Silver Bow County Attorney, Ann M. Shea, Deputy County
Attorney, Butte, Montana.
McGRATH, CHIEF JUSTICE
Sylvia Llamas appeals from the District Court's
memorandum and order filed August 3, 2015, denying her motion
to dismiss the criminal charges against her for lack of a
speedy trial. We affirm.
We restate the issues on appeal as follows:
Issue One: Did the District Court err in denying
Llamas' motion to dismiss for failure to provide a speedy
Issue Two: Did Llamas receive ineffective assistance of
counsel in regard to her motion to dismiss for failure to
provide a speedy trial?
AND PROCEDURAL BACKGROUND
On May 16, 2014, police arrested Llamas at a casino in Butte,
Montana. She attempted a robbery with a handgun and was being
subdued by patrons when the police arrived. The State filed a
complaint in Justice Court on May 19 charging Llamas with
felony robbery and the Justice Court set bail at $25, 000.
The Justice Court did not conduct any other proceedings. In
June 2014 the State sought and obtained leave to file an
information charging Llamas with felony robbery in violation
of § 45-5-401(1)(b), MCA; felony possession of dangerous
drugs in violation of § 45-9-102, MCA; and use of a
firearm in violation of § 46-18-221, MCA. Llamas moved
to reduce her bail but, after a hearing, the District Court
denied the motion.
Llamas appeared in District Court on the charges on July 10,
2014, and pled not guilty. The District Court set the omnibus
hearing for August 14. On August 4 the office of the State
Public Defender moved to substitute Llamas' attorney due
to a conflict of interest. Llamas appeared with her new
attorney at the August 14 hearing and the District Court set
trial for January 27, 2015.
On January 13, 2015, Llamas' new attorney sought leave to
withdraw from the case based upon Llamas' request that he
do so, and upon conflicts between the two. The District Court
conducted a hearing on January 15 at which Llamas agreed that
she had irreconcilable conflicts with her attorney. She
requested a new attorney and agreed that appointing new
counsel would require the District Court to vacate the
January 27, 2015 trial date. The District Court granted
Llamas' request, vacated the trial date, and ordered the
Public Defender to arrange for a new attorney. Her new
attorney filed a notice of appearance on January 29, 2015.
The District Court conducted a status conference on March 12,
2015. The attorneys committed to be ready for trial in 60
days, and the District Court reset the trial for May 26,
2015. On March 19 the District Court reduced bail to $5, 000.
Llamas did not make bail and remained in jail.
On May 6, 2015, the defendant moved to dismiss the charges
for lack of a speedy trial. The District Court set a hearing
on the motion for June 11, 2015, and vacated the May 26 trial
date. On June 1, 2015, the attorneys stipulated to vacating
the June 11 motion hearing as "unnecessary" and to
submitting the speedy trial motion on ...