Ferguson v. State

BLACKBURN, Presiding Judge.

Following an evidentiary hearing, Eric Ferguson appeals the trial court’s order denying his motion to dismiss, which motion had asserted a violation of his speedy trial rights under the Sixth Amendment because of a 28-month delay between his arrest and the ruling on his motion to dismiss. The trial court found that he had not asserted his speedy trial right until the eve of trial and that he had shown no prejudice to his defense caused by the delay. Discerning no abuse of discretion in the trial court’s ruling, we affirm.

The undisputed facts show that on May 11,…