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Williams v. State

The Court affirmed the defendant's convictions on two unrelated counts of armed robbery, finding that the defendant waived his demand for speedy trial.

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Stacey Donnell Williams was charged in Gwinnett County Superior Court with two unrelated counts of armed robbery.1 After the charges were severed, Williams was convicted on Count 2, and he entered a negotiated guilty plea as to Count 1. In Case No. A16A0497, Williams appeals the trial court’s denial of his motion for new trial as to Count 2, arguing that a his constitutional right to be present was violated when he was absent from a calendar call; b he was entitled to a discharge and acquittal because the State failed to comply with his speedy trial demand; and c trial counsel was ineffective by failing to move for discharge and acquittal and by failing to object to certain evidence going out with the jury. In Case No. A16A0498, Williams appeals the denial of his motion to withdraw his guilty plea as to Count 1, arguing that a the strength of the evidence did not negate his innocence; b trial counsel was ineffective by recommending that he accept the plea and by failing to move for discharge and acquittal; and c he was entitled to discharge and acquittal because the State failed to comply with his statutory speedy trial demand. For the reasons that follow, we affirm both cases.

Viewed in favor of the verdict,2 the record shows that on August 31, 2012, Franshaun Colvin called Williams and asked to purchase drugs from him. As arranged, Colvin took the bus to a gas station in Gwinnett County, where Williams picked him up and drove him to an apartment complex. When they arrived at the complex, Williams left Colvin in the car and went upstairs, stating that he was going to meet a friend. Williams returned to the car five minutes later, pointed a small silver or chrome handgun at Colvin, and demanded his money. Colvin complied, and Williams drove away.

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