Although people accused of crimes have a right to a speedy trial, the Pennsylvania Superior Court on Monday ruled that a defendant also cannot unduly delay a trial.

The state appeals court on Monday refused to grant a new trial to a man arrested in Clearfield County for DUI more than two years ago.

Matthew Joseph Cole, 36, whose address was listed as Lock Haven, appealed his sentence to serve a jail term of three to six months after being found guilty of DUI and several motor vehicle violations stemming from an arrest that occurred on Jan. 22, 2020.

Cole, through appeals attorney Patrick Lavelle of DuBois, argued that Clearfield County Judge Paul E. Cherry abused his discretion when he denied a continuance of Cole’s trial so he could obtain an attorney.

Cole, while representing himself, was found guilty on June 15, 2021.

While the judge refused to delay Cole’s trial, he did appoint the Clearfield County public defender to serve as standby counsel during the trial.

The defense claimed Cole was deprived of his right to an attorney and that he never waived his right to be represented during his trial.

However, Cherry explained in his ruling on the appeal that Cole had three months to hire an attorney and to prepare for his trial, noting that by the time the case came to trial, it had been pending for almost a year and a half.

“Cole was aware of the date of the bench trial for nearly three months and the charges for almost a year and a half … he should not be rewarded for his lack of preparation by receiving a continuance on the day of the trial when the court and commonwealth were prepared to move forward,” the judge ruled.

According to the defense argument, Cole persistently requested representation by the Public Defender’s Office but that his applications kept being returned as “not complete.”

He also said that the day before his trial he contacted a private attorney who could not be present on such short notice.

But, as the judge noted, Cole presented no proof of the rejected applications by the public defender nor the fact that he had contacted private counsel.

A panel of Superior Court judges who reviewed the appeal on Monday ruled, “We see no abuse of discretion in the court’s decision to deny Cole’s request for a continuance and proceed to trial under these circumstances.”

In an opinion written by the Chief Judge of the Superior Court, Jack A. Panella, the court concluded that Cherry found Cole forfeited his right to an attorney “by engaging in sufficiently dilatory conduct.”

“Cole failed to obtain counsel despite having more than enough time to do so and despite being advised by the court he needed to do so.

The defense can request a review of the decision by the Pennsylvania Supreme Court.