Smith v. State

Miller, Judge.

Following a jury trial, Neal Garnett Smith was convicted of possession of cocaine and marijuana.1 Smith filed a motion for new trial, which the trial court denied after Smith declined the opportunity to have an evidentiary hearing. On appeal, Smith contends that (1) the evidence was insufficient to support his convictions, and (2) the more than three-year delay in his prosecution violated his constitutional right to a speedy trial. For the reasons that follow, we find that the evidence supports Smith’s convictions; however, we vacate the denial of Smith’s motion to dismiss his…