State v. Hernandez-Cuevas

Andrews, Judge.

After the defendant was remanded to the trial court for retrial pursuant to a successful habeas corpus petition, the trial court entered an order acquitting the defendant because the State failed to retry him within time limitations specified by the habeas court. The State appeals from the order of acquittal.

The defendant was indicted in Clayton County in 1986 for trafficking in cocaine and giving a false name to a law enforcement officer. In January 1987, the defendant was found guilty by a jury on both charges, and his convictions were affirmed on appeal in Hernandez v.…