State v. Gerbert

I respectfully dissent with respect to the affirmance of Gerbert’s conviction and specially concur with respect to affirmance of the discharges and acquittals granted to Damron and Kiser. I concur fully in Divisions 2 through 6 of the majority opinion but not in Division 1.

Judicially compelled cessation of prosecution of a criminal offense is an “extreme sanction” for the State’s tardiness in proceeding. Ferris v. State, 172 Ga. App. 729, 731 (1) (324 SE2d 762) (1984). It is what the law requires when the defendant has properly filed a demand for speedy trial. OCGA § 17-7-170 (b). It is not…