Ramirez v. State

Beasley, Judge.

The issue is whether a defendant who filed a demand for trial pursuant to OCGA § 17-7-170 and was timely tried, but whose conviction was reversed on appeal, must be retried in the same number of days as remained for the original trial under the demand or be discharged and acquitted for lack of prosecution.

Ramirez and a co-defendant were indicted for trafficking in cocaine under former OCGA § 16-13-31 (a) on February 2, 1988, during the January 1988 term of the Superior Court of Gwinnett County. The circuit has six regular terms of court: January, March, May, July, September and…