State v. Thaxton

MILLER, Presiding Judge.

The State appeals from the grant of defendant Randall Thax-ton’s motion for discharge and acquittal for violation of his constitutional right to a speedy trial. See OCGA § 5-7-1 (a) (1) (authorizing the State to appeal, among other things, from the dismissal of an indictment). The State contends that the trial court erred in its analysis of the Barker 1 factors by: (i) failing to weigh heavily against Thaxton his failure to assert his right to a speedy trial before indictment, and (ii) failing to treat as relatively benign the post-arrest, pre-indictment delay at issue…