Merrow v. State

BLACKBURN, Presiding Judge.

Kyle Merrow appeals the denial of his motion for discharge and acquittal, which was based on the ground that he was not given a speedy trial. Finding that his motion was premature and that he failed to demand a speedy trial, we affirm.

1. We first address whether Merrow’s motion for discharge and acquittal was premature under the applicable speedy trial statute. In this regard, the initial question is whether OCGA § 17-7-171, which applies to capital offenses and which allows the State more time to try a defendant, applies to this case. Since Coker v. Georgia, 1 the…