Rivers v. State

SMITH, Presiding Judge.

Jay Bernard Rivers appeals the trial court’s order denying his motion to dismiss (more properly a motion for discharge and acquittal) on the basis of the State’s failure to comply with the provisions of OCGA § 17-7-170. Because the State did comply with that Code section, we affirm.

On October 18, 2004, Rivers and two other individuals were indicted by a Dooly County grand jury for crossing prison guard lines with contraband, OCGA § 42-5-15.1 On October 28, 2004, Rivers filed both a waiver of arraignment and a demand for trial pursuant to OCGA§ 17-7-170.

Dooly County is…