Alberto Cantu, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals granted the State's petition to decide whether the court of appeals properly deferred to the trial court's factual findings when it reversed the denial of Alberto Cantu's motion to dismiss his DWI prosecution for violation of his Sixth Amendment speedy-trial right. Applying the bifurcated standard drawn from Zamorano and Kelly, the Court concluded the court of appeals had not deferred: the trial judge's implied findings — that Cantu never diligently sought a speedy trial and suffered no prejudice beyond ordinary anxiety — were supported by the record. Because Cantu sought only dismissal, never requested a speedy trial before or after charging, and showed none of the 'major evils' such as employment disruption or financial drain, the Court held that, as a matter of law, his speedy-trial right was not violated. It therefore reversed the court of appeals and affirmed the trial court's judgment denying the motion to dismiss.