The opinion of the court was delivered by
This is a criminal action wherein Nolan Prewett directly
appeals from his convictions after a trial to the court. Prewett
was convicted of the following offenses: two counts of
first-degree murder, K.S.A. 21-3401; two counts of aggravated
kidnapping, K.S.A. 21-3421; two counts of aggravated criminal
sodomy, K.S.A. 21-3506; two counts of rape, K.S.A. 21-3502; and
two counts of enticement of a child, K.S.A. 21-3509. Prewett was
sentenced to life imprisonment on each count of murder and
aggravated kidnapping. For aggravated sodomy and rape, Prewett
was sentenced to not less than fifteen years nor more than life
on each count. Finally, Prewett was sentenced to not less than
three nor more than ten years for each of the two counts of
enticement of a child. The sentences on the two counts of murder
are to be served consecutively and all other sentences are to run
concurrently with the murder sentences. The district court
suspended execution of the sentences and Prewett was committed to
the Larned State Security Hospital in lieu of imprisonment
pursuant to K.S.A. 22-3430.
The facts are that on July 19, 1986, Pamela Mahomes, who lived
at 1530 Tyler, Topeka, Kansas, reported to the Topeka Police
Department that her three-year-old daughter, Shavon, and
six-year-old daughter, Shannon, were missing. A neighborhood
search for the young girls proved fruitless. Two neighborhood
children told police they had last seen Shavon and Shannon on
Nolan Prewett's porch at 1524 Tyler. The children stated Prewett
stood in the open front door, with his hands behind his back,
talking with the girls. Ultimately, a search warrant for
Prewett's residence was issued on July 20, 1986. Police officers
discovered the bodies of Shavon and Shannon in Prewett's basement
stuffed between a furnace and stud wall. Prewett and another
in the house, David Howard, were arrested and charged with the
sexual violations and deaths of the Mahomes girls. David Howard
was tried and acquitted.
On January 27, 1987, Prewett filed a motion to quash the search
warrant and suppress evidence, alleging a lack of probable cause
to issue the warrant. Prewett also filed a motion to dismiss on
the grounds of denial of a speedy trial. The trial court denied
both motions. Prewett waived a jury trial, and a bench trial was
held October 20, 1987. Prewett was found guilty of the crimes
charged and sentenced, and execution of the sentences was
suspended for Prewett's commitment to Larned State Security
Hospital. Prewett appeals.
Prewett first contends the trial court erred in failing to
dismiss charges against him as a result of the violation of his
right to a speedy trial. K.S.A. 22-3402 provides:
"(1) If any person charged with a crime and held in
jail solely by reason thereof shall not be brought to
trial within ninety (90) days after such person's
arraignment on the charge, such person shall be
entitled to be discharged from further liability to
be tried for the crime charged, unless the delay
shall happen as a result of the application or fault
of the defendant, or a continuance shall be ordered
by the court under subsection (3)."
Subsection (3) extends the time for trial beyond the 90-day
limitation in the following circumstances:
"(3) The time for trial may be extended beyond the
limitations of subsections (1) and (2) of this
section for any of the following reasons:
"(a) The defendant is incompetent to stand trial;
"(b) A proceeding to determine the defendant's
competency to stand trial is pending and a
determination thereof may not be completed within the
time limitations fixed for trial by this section."
Prewett was in custody from the time of his arraignment, August
28, 1986, until his trial, October 20, 1987; a total of 418 days.
The pertinent dates are as follows:
August 28, 1986 Prewett's arraignment.
October 16, 1986 Prewett's motion to determine competency to stand trial
and notice of intent to rely upon insanity defense; trial
court order to transport Prewett to Larned State
December 31, 1986 Trial court received competency report from Larned State
January 7, 1987 Prewett's motion for competency hearing filed.
January 27, 1987 Prewett's motion for competency hearing granted and
hearing date set.
February 20, 1987 Trial court determines Prewett incompetent to stand trial
and orders transfer to Larned State Hospital.
July 29, 1987 Trial court received competency report from Larned State
August 11, 1987 Prewett's second motion for competency hearing filed.
September 3, 1987 Trial court accepts Prewett's waiver of hearing and
stipulation to competency.
September 11, 1987 Trial court grants Prewett's motion for trial setting of