State v. Grant

Andrews, Judge.

In Grant v. State, 212 Ga. App. 565 (442 SE2d 898) (1994), we reversed Grant’s conviction and granted him a new trial on the basis that the trial court erroneously denied his motion for a continuance of the trial because of the absence of a material witness. It is undisputed that, prior to the trial, Grant filed a timely demand for trial pursuant to OCGA § 17-7-170 requiring that the State try him within the two term limit of that statute, and that the original trial was held within the two term limit. After reversal of the conviction on appeal, the remittitur from this court…