This is the second appearance of this case in this court on interlocutory appeal. In Cawley v. State, 324 Ga. App. 358 750 SE2d 428 2013, we vacated the trial court’s order denying Cawley’s motion to dismiss based on a violation of his constitutional right to a speedy trial and remanded the case to the trial court with direction that the trial court enter an order containing findings of fact and conclusions of law in accordance with Barker v. Wingo, 407 U. S. 514 92 SCt 2182, 33 LE2d 101 1972. On remand, the trial court entered a more detailed order that once again denied Cawley’s motion. We granted Cawley’s application for interlocutory appeal, and Cawley appeals, arguing that the trial court abused his discretion in denying his motion. As detailed below, we find that the trial court erroneously attributed a majority of the pretrial delay in this case to Cawley instead of weighing that factor lightly against the state. Because we cannot say that the trial court would have had no discretion to reach a different result had he correctly attributed and weighed that factor, we must again vacate the trial court’s order and remand the case for further proceedings.
The record reflects that Cawley was arrested for driving under the influence “DUI” and speeding on February 19, 2009. The state filed an accusation against Cawley in the trial court on March 23, 2009. Cawley was arraigned on April 22, 2009, entered a plea of not guilty, and requested a jury trial. At the hearing on his motion to dismiss, Cawley called an employee from the trial court clerk’s office as a witness. The employee testified that she was responsible for keeping records pertaining to cases filed in the trial court and was able to identify a document Cawley’s counsel showed her as a summary of the events in Cawley’s case, and the summary, which was generated by the Odyssey case management system, was introduced into evidence. The printout reflected that the trial court granted the state a continuance on June 20, 2011 because the arresting officer was on leave. Cawley’s counsel represented that the case was next set for trial on September 12, 2011. The summary of events reflects that the trial court ordered a bond forfeiture and bench warrant on that date based on Cawley’s failure to appear. A rule nisi was issued for September 13, 2011 with respect to the bond forfeiture. The state introduced into evidence another printout from the Odyssey system, and the clerk’s office employee testified that the printout included a note from September 13, 2011 stating: “coming to plea on 09/21/2011 per the trial judge.”
