Butler v. State

Carley, Presiding Judge.

In Butler v. State, 198 Ga. App. 217 (401 SE2d 43) (1990), appellant’s conviction was reversed on grounds which mandated a new trial. During the January 1991 term of the trial court, the remittitur was received by the clerk of that court. However, appellant’s case was not docketed for retrial during either that or the next succeeding term of the trial court. Thereafter, appellant moved for an acquittal based upon the State’s failure to have retried him during either the January 1991 or the next succeeding term of the trial court. Although appellant had never filed a…