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York v. State

The trial court failed to adequately address the defendant's speedy trial claim, as it did not properly balance the Barker-Doggett factors.

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Following a jury trial, Abdur Raashidyd York was convicted of burglary OCGA § 16-7-1 a 2011. York appeals from the denial of his motion for new trial, contending that the trial court erred in admitting evidence of other crimes at his trial under OCGA § 24-4-404 b, and that the trial court erred in denying his motion to dismiss based on constitutional speedy trial grounds. For the reasons that follow, we affirm the trial court’s admission of other acts evidence1 and vacate the denial of York’s motion to dismiss and remand this case back to the trial court with direction.

Viewing the evidence in the light most favorable to the verdict,2 the evidence shows that on the early morning of April 27, 2011, Kristina Craig drove York and David Robinson from Atlanta to Buford in Gwinnett County. Craig dropped off York and Robinson near a gas station, and York and Robinson were carrying book bags when they left. When York and Robinson returned to the vehicle, they were wearing gloves and they discussed having to sell some cigarettes.

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