State v. Lipsky

Benham, Judge.

The State brings this direct appeal from the trial court’s grant of appellee’s motion for discharge and acquittal pursuant to OCGA § 17-7-170. See OCGA § 5-7-1 (5).

On December 17, 1987, a uniform traffic citation was issued to appellee Lipsky, charging him with driving under the influence. Pursuant to the February 4,1988, request of appellee’s attorney, the case was bound over from the Recorder’s Court of Gwinnett County to the State Court of Gwinnett County. The parties agree that the case was bound over to the state court on February 8, 1988. Two weeks later, on February 22,…