State v. Gay

McMillian, Judge.

The trial court granted Fredrick Gay’s motion to dismiss the indictment based on a violation of Gay’s constitutional right to a speedy trial. On appeal, the State claims that the trial court improperly applied the balancing test set out by the United States Supreme Court in Barker v. Wingo, 407 U. S. 514, 530 (IV) (92 SC 2182, 33 LE2d 101) (1972). For the reasons set forth below, we agree and therefore vacate the trial court’s order and remand with direction.

Gay was indicted on September 9, 2008 for an armed robbery alleged to have occurred in Fulton County on April 20,2004.…