Smith v. State

MlKELL, Judge.

On April 15, 2004, Robert Frank Smith filed a motion to dismiss “with prejudice” three outstanding warrants for terroristic threats, aggravated assault, and criminal trespass on the grounds that he had been denied his constitutional right to a speedy trial.1 The trial court, in an order dated August 4, 2004, denied Smith’s motion to dismiss, finding that Smith had failed to show (i) actual prejudice against him, (ii) anxiety due to the delay in prosecution, or (iii) some impairment to his defense. See, e.g., State v. Bazemore, 249 Ga. App. 584, 586 (1) *322(d) (549 SE2d 426) (2001)…