Nesmith v. State

Miller, Judge.

John Wiley Nesmith appeals from the trial court’s denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170. The trial court denied Nesmith’s motion on the ground that his demand for speedy trial was not timely filed. We agree and affirm.

The record shows that Nesmith was charged by accusation filed August 27, 2002, with the failure to wear a seat belt and two counts of DUI. On November 20, 2002, Nesmith waived arraignment and filed a demand for speedy trial pursuant to OCGA § 17-7-170. The case was originally set for trial on January 8, 2003, but was reset for…