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State v. Bonawitz

The trial court did not commit reversible error in its analysis of defendant's speedy trial claim under the applicable Barker-Doggett test, and the Court thus affirmed the grant of defendant's motion for discharge and acquittal for a violation of his constitutional right to a speedy trial.

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The state appeals from the grant of Michael Bonawitz’s motion for discharge and acquittal for a violation of his constitutional right to a speedy trial. See OCGA § 5 7 1 a 1 authorizing the state to appeal from the dismissal of an indictment. Because the trial court did not commit reversible error in its analysis of the speedy trial claim under the applicable Barker-Doggett test, we affirm.

The record shows that Bonawitz was booked into prison on an aggravated assault charge on September 20, 2012. While in custody on that charge, it was determined that there was DNA evidence allegedly implicating him in an unrelated burglary that had occurred in 2006. On January 29, 2013, Bonawitz was indicted for that burglary, and a grand jury arrest warrant was filed for Bonawitz on February 1, 2013.

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