Durham v. State

Brown, Judge.

*859Following the remand of this case to the trial court in Durham v. State , 345 Ga. App. 687, 814 S.E.2d 813 (2018), the trial court entered a written order denying Gary Durham's plea in bar asserting a violation of his right to a speedy trial. As allowed by our remand instructions, Durham appeals from this order, contending that the trial court (1)

*361improperly weighed the four factors outlined in Barker v. Wingo , 407 U. S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), and (2) improperly commented upon the evidence. For the reasons explained below, we vacate the trial court's order…