04/25/2016 15:30 Allen and Allen Law Firm (FANN18705724265 P.002/009 say p FILED, A 2.0" pN. oci0ck APR 25 2016 INTHE CIRCUIT COURT OF PRAIRIE COUNTY, ARKANSAS 4 CRIMINAL DIVISION a AS STATE OF ARKANSAS or “ CASEHCR-2012-28 FREDRICK OWENS, JR. oe MOTION TO DISMISS SUA SPONTE Comes the Defendant, by and through his attomey, J.L. Wilson and states: 1. That the Defendant was charged with the present charge on September 6, 2012. See attached Exhibit A, 2, That the Defendant has not been brought to trial as of this date April 25, 2016, 3. That the Defendant after trial was taken into custody by the State on a separate conviction end imprisoned to a period of more than 2 years, 4, ‘That during the imprisonment of the Defendant, the State failed to bring him to ‘tial on the charge exhibited in Exhibit A, 5, That pursuant to the requirement of Arkansas Rules of Criminal Procedure, Rule 28, et seq. and Rule 29 (8), this court has lost jurisdiction over the present charge. 6. That a time lapse of 12 months pursuant to Arkansas Rules of Criminal Procedure, Rule 28, et seq., has consummated, 7. That alternatively, more than 12 months have passed pursuant to Arkansas Rules of Criminal Procedure, Rule 29 (B) while the Defendant was incarcerated by the State of Arkansas denying the right to speedy trial.(04/25/2016 15:30 Allen and Allen Law Firm (FANNETOST2AZES P.0031009 8, That additionally, charges were filed in 2011 and 3 years plus have passed without the enforcement of the U.S. Constitution and 6" Amendment requirement for speedy trial and due process enforcement, 9. That Defendant has been ireparably prejudiced by these delays of enforcement by state statutory and procedural violations of Arkansas law, i.e., denial of speedy trial; further, Defendant asserts the violation of denial of speedy trial pursuant and due process pursuant to the 6 Amendment of the U.S. Constitution. 10, ‘That the irreparable prejudices involves loss of witnesses, loss of substantive evidence, losses of some memoires of facts surrounding the events by the Defendant, WHEREFORE, demand for dismissal sua sponte is made,. alternatively, Defendant's right to an evidentiary hearing and establishment of a record for purposes of farther litigation is demanded, Wi 521-523 Plaza Street West Heleva, AR 72390 Phone: (870)572-1533 Fax: (870)572-4392 aw attomeyilwilson@yahoo.com ‘Attomey J.