Dean v. State

Sognier, Judge.

Appellant was convicted of driving under the influence of alcohol. In his sole enumeration of error he contends the trial court erred by denying his motion to dismiss and acquit which was based on the ground that he was not tried during the term in which his demand for trial was filed or the next succeeding term of court after his demand for trial was filed, as required by OCGA § 17-7-170.

Appellant properly filed a demand for trial within the next succeeding term of court in the State Court of Gwinnett County on May 25,1984 at the time of his arraignment. He was not tried at…