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Smith v. State

Although the trial court erred in applying the 4-part Barker-Doggett balancing test when considering the defendant's motion to dismiss the indictment against him on speedy trial grounds, it was incumbent upon the trial court to find no constitutional error given the defendant's long delay in asserting his right to a speedy trial and his failure to demonstrate prejudice.

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After a jury trial, Neil Smith was convicted of possession of cocaine and possession of marijuana. He appealed, challenging the sufficiency of the evidence and the denial of his motion to dismiss the indictment on speedy trial grounds. See Smith v. State, 323 Ga. App. 668 747 SE2d 859 2013. This court found sufficient evidence to support the convictions. Id. at 669-670 1. But because the record lacked a hearing transcript for, or a written order denying, the motion to dismiss, appellate review of the denial of the speedy trial claim could not be conducted. Id. at 671 2. Accordingly, this court vacated the denial of the motion to dismiss and remanded the case to the trial court for it to make the required findings of fact and conclusions of law. Id. Upon remand, the trial court determined that previously no formal hearing had been held and no written order had been entered on the motion to dismiss. The trial court therefore held an evidentiary hearing, after which it entered a written order denying the motion to dismiss. Smith appeals, challenging the denial of his motion to dismiss. But because the trial court did not abuse its discretion in denying the motion, we affirm.

1. Stipulated facts.

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