Clark v. State

Johnson, Presiding Judge.

This is an appeal from the denial of a motion for discharge and acquittal due to a violation of the right to a speedy trial. The trial court denied the motion based on its finding that the accused had waived her speedy trial demand by failing to appear for trial. The trial court’s finding is erroneous because the accused was not given proper notice of the trial and there is no evidence that she took any affirmative action waiving her trial demand. We therefore reverse the trial court’s ruling.

On August 16, -2001, during the July term of Gwinnett County Superior Court,…