Cite as 2015 Ark. 260
SUPREME COURT OF ARKANSAS
No. CR-15-407
PHILLIP ENGLES Opinion Delivered June 4, 2015
PETITIONER
PETITION FOR WRIT OF
V. CERTIORARI
CIRCUIT COURT OF BOONE
COUNTY REMANDED TO SETTLE THE
RESPONDENT RECORD.
PER CURIAM
Petitioner Phillip Engles petitions this court for a writ of certiorari to the respondent,
the Circuit Court of Boone County. The petition arises from the circuit court’s order
denying his motion to dismiss based on violation of the speedy-trial provisions of Arkansas
Rule of Criminal Procedure 28 (2014). In his petition, Engles asserts that he was arrested on
December 3, 2012, and filed his motion to dismiss on April 6, 2015. Following a hearing on
Engles’s motion, the circuit court denied it, finding that the time period of August 25, 2014,
through October 6, 2014, was tolled for good cause.
At the hearing on Engles’s motion, the circuit court indicated that, in making its
ruling, it had taken notice of certain letters in the “clerk’s file” that were dated during the
time period at issue; however, those letters, while shown on the circuit court’s docket sheet,
are not included in the record before us, and we are unable to determine whether they were
made a part of the record at the hearing on Engles’s motion. While the State’s response is
Cite as 2015 Ark. 260
somewhat vague, it does reference that the good cause found by the circuit court was based
on a recusal by the original trial judge. Not having the letters on which the circuit court
relied, we are unable to review the merits of Engles’s petition. We therefore remand the
matter to settle the record.
Remanded to settle the record.
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