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Lawskills.com Georgia Caselaw
RAMIREZ v. THE STATE.
A93A1384.
COOPER, Judge.
Motion for discharge. Gwinnett Superior Court. Before Judge Oxendine.
This case marks appellant's fourth appeal to this court. Appellant's sole enumeration of error is the trial court's denial of his motion for discharge and acquittal pursuant to OCGA 17-7-170.
In February 1988, during the January 1988 term of the Gwinnett Superior Court, appellant was indicted for trafficking in cocaine and filed a demand for speedy trial pursuant to OCGA 17-7-170. The Gwinnett Circuit has regular terms of court in January, March, May, July, September and November. See OCGA 15-6-3 (20). Appellant was tried and convicted during the March term, but that conviction was reversed in appellant's first appeal to this court. See Ramirez v. State, 190 Ga. App. 889 (380 SE2d 323) (1989). Appellant's case was called for retrial in August 1989, and appellant filed a motion for discharge and acquittal which was denied by the trial court. On appeal, we affirmed the trial court's denial of that motion in Ramirez v. State, 196 Ga. App. 11 (395 SE2d 315) (1990). Appellant's second trial resulted in a mistrial, and his third trial, which took place in January 1991, resulted in conviction. However, that conviction was reversed in Ramirez v. State, 205 Ga. App. 217 (422 SE2d 3) (1992). The remittitur was filed in the clerk's office on October 26, 1992, but the judgment on the remittitur was not filed until November 4, 1992. In February 1993, appellant's case was again called for trial, and appellant filed a motion for discharge and acquittal on the ground that he was not tried within two regular terms of court. The trial court denied the motion and this direct appeal follows. Hubbard v. State, 254 Ga. 694 (333 SE2d 827) (1985).
Daniel J. Porter, District Attorney, Debra K. Turner, Assistant District Attorney, for appellee.
Michael M. White, for appellant.
DECIDED OCTOBER 26, 1993 -- RECONSIDERATION DENIED DECEMBER 14, 1993 -- CERT. APPLIED FOR.
Saturday May 23 18:48 EDT


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