A homeowner called police after he saw two unknown people in a vehicle on his property. When police arrived, the people, identified as Colvin and his girlfriend, were outside the car. The car was not registered to either of them, but Colvin was identified as the driver. Colvin consented to a search of the vehicle, telling officers to not break anything. During the search, an officer noticed a gap in the carpet near the center console and, when he pulled it back, found a firearm and cocaine.

Colvin was charged with Level 4 felony unlawful possession of a firearm by a serious violent felon and possession of cocaine enhanced to a Level 5 felony due to his possession of a firearm. At his initial hearing on August 15, 2023, Colvin requested a fast and speedy trial. Trial was set for October 17. On October 10, Colvin’s attorney moved to continue and the trial was set for November 21. Then Colvin moved to proceed pro se and filed two pro se motions for discharge under Criminal Rule 4(B). The trial court granted Colvin’s motion to proceed pro se on November 14. The same day, the court granted the State’s motion to continue under Criminal Rule 4(D), moving the trial date to February 20, 2024. After a hearing, Colvin’s motions for discharge were denied.

Colvin was found guilty and sentenced to 8 years for unlawful possession of a firearm, concurrent with 6 years for possession of cocaine. Colvin appeals, arguing the trial court erred in failing to discharge him under Criminal Rule 4(B), there is insufficient evidence he possessed a firearm and cocaine, and the firearms enhancement on his possession of cocaine conviction violates double jeopardy. The State argues Colvin waived his speedy trial request by filing a motion to continue, there was sufficient evidence of constructive possession over the contraband, and the firearms enhancement does not violate double jeopardy.