Birts v. State

Birdsong, Judge.

Patricia Birts, charged on March 24, 1988, with DUI and “following too close,” appeals the trial court’s denial of “absolute discharge and acquittal,” for failure of speedy trial. She filed her demand for speedy trial under OCGA § 17-7-170, on May 20, 1988.

The May term of Gwinnett State Court began, and jurors were empaneled, the week of May 9, and continued weekly through the week of June 20. The May term calendar was published May 13, prior to Birts’ demand for trial. Also on that date, May 13, Birts’ attorney was granted a formal leave of absence from the court for the…