State v. Stewart

Banke, Presiding Judge.

The appellee-defendant, charged with possession of less than an ounce of marijuana, driving under the influence of alcohol, and improper lane change, filed a motion for discharge and acquittal based on the state’s failure to try him within two terms after he had filed a demand for trial pursuant to OCGA § 17-7-170. See Hubbard v. State, 254 Ga. 694 (333 SE2d 827) (1985). The trial court granted the motion, and the state appeals.

On April 12,1987, the defendant was arrested and issued uniform traffic citations charging him with the offenses. The citations directed him to…