Appeal from County Court at Law No. 2 Fort Bend County, Texas
Trial Court Cause No. 13-CCR-168548
consists of Justices Jamison, Busby, and Donovan.
Jan Voda pled guilty to a misdemeanor charge of driving while
intoxicated, and was sentenced to twelve months'
probation. From that conviction, appellant brings this appeal
claiming that he was denied a speedy trial. We affirm.
October 5, 2012, appellant was arrested in Brazoria County,
Texas, and charged with driving while intoxicated
("DWI"). At that time, appellant resided in
Lawrenceville, New Jersey. Appellant was released on bond. On
November 8, 2012, the State dismissed that charge because
"Ft. Bend County has better jurisdiction."
Appellant was notified of the dismissal by his bonding
April 2013, appellant moved to Miami, Florida. He submitted a
change of address form notifying the post office of a
Gainesville, Florida address. Additionally, appellant
obtained a Florida driver's license.
1, 2013, Fort Bend County charged appellant with DWI. A
summons was issued for appellant to appear in court on August
2, 2013. It was sent to appellant's address in New Jersey
by regular mail, return receipt requested. Appellant did not
receive the notice regarding the summons. The summons was
returned to Fort Bend County and it was filed in the county
clerk's file. The envelope containing the summons was
returned to the county clerk, return to sender.
Appellant's address in Gainesville, Florida, was stamped
on the face of the envelope. When appellant failed to appear
in court on August 2, 2013, an arrest warrant was issued by
the trial court. No further attempts were made to serve
appellant with summons.
September 2014, appellant learned of the pending arrest
warrant and charge in Fort Bend County when a prospective
employer performing a background check asked for an
explanation. That same month, appellant was arrested for
driving under the influence ("DUI") in Alachua
County, Florida. He pled guilty to the Florida DUI in January
February 29, 2016, appellant retained counsel and moved to
dismiss the Fort Bend County DWI case for failure to provide
a speedy trial. On April 1, 2016, appellant requested a case
reset. He did not assert his right to a speedy trial at this
setting. On May 24, 2016, appellant set his motion to dismiss
for August 12, 2016. On August 12, 2016, the hearing was
reset by agreement. On August 19, 2016, the trial court
denied appellant's motion to dismiss and set the matter
for trial September 27, 2016. On the day of trial, appellant
pled guilty, and the trial court entered judgment pursuant to
a plea agreement. This appeal timely followed.
below are relevant dates.
• 10/05/2012 Appellant was arrested for DWI
• 11/11/2013 Brazoria County, TX dismissed the case
• 07/01/2013 Fort Bend County, TX refiled the DWI charge
• 07/15/2013 Fort Bend County, TX mailed summons to N.J.
• 08/02/2013 Appellant failed to appear in court in TX
• 08/12/2013 Arrest warrant was issued for appellant
• 09/10/2013 Summons returned unserved and stamped with