![]() On March 30, 2016, the Defendant filed a motion to dismiss the case for speedy trial violation or, in the alternative, be granted a continuance. On February 2, 2016, the Defendant filed a pro se motion asking the trial court to appoint him as co-counsel because his current counsel had not been responsive. The trial court granted the motion and reset the trial for April 4, 2016. On August 5, 2015, the Defendant filed a motion seeking a continuance of the trial because his counsel had learned there was DNA evidence remaining from scrapings taken from underneath the victim’s fingernails that could be independently tested. The parties agreed to reset the trial for August 17, 2015. On February 6, 2015, the Defendant’s attorney informed the trial court the State had requested the case be reset and that the Defendant was “not opposed” to the case being reset. On January 21, 2015, the State moved the trial court to reset the case, which at the time of the motion was set for June 8, 2015. Pre-Indictment and Post-Indictment Delay On April 23, 2014, the Defendant entered a plea of not guilty to the charge against him, and the trial court set a hearing for May 22, 2014. The Defendant filed an affidavit of indigence and the trial court appointed him counsel. On July 23, 2013, a Davison County grand jury indicted the Defendant, who was the estranged husband of the victim’s daughter, for first degree premeditated murder. Facts This case arises from the murder of Annis Szekely, which occurred in her home in East Nashville on March 7, 1993. Rebecca and Pamela Sue Anderson, Assistant District Attorneys General, for the appellee, State of Tennessee. Funk, District Attorney General and Stacy L. Todd Ridley, Assistant Attorney General Glenn R. Slatery III, Attorney General and Reporter M. Esquivel (on appeal), Nashville, Tennessee, for the appellant, John Steven Hernandez. Griffith (at trial), Assistant Public Defenders, Nashville, Tennessee Angela L. ![]() DeVasher (on appeal), Georgia Sims and Kevin J. WEDEMEYER, J., delivered the opinion of the Court, in which D. 3 Appeal as of Right Judgment of the Criminal Court Affirmed ROBERT W. After review, we affirm the trial court’s judgment. On appeal, the Defendant contends that the trial court erred when it: (1) did not dismiss the charge against him based on preindictment delay (2) did not dismiss the charge against him based on post-indictment delay (3) denied his motion to suppress evidence (4) made several erroneous evidentiary rulings and that (5) the evidence is insufficient to sustain his conviction and that (6) the Defendant is entitled to a new trial based upon the cumulative effect of the errors. ![]() M2016-02511-CCA-R3-CD _ In 2013, a Davidson County jury convicted the Defendant, John Steven Hernandez, of first degree premeditated murder for a killing that occurred in 1993, for which the trial court imposed a sentence of life in prison. JOHN STEVEN HERNANDEZ Appeal from the Criminal Court for Davidson County No. IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE AugSession STATE OF TENNESSEE v.
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