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Smith v. State

Absent a transcript of the hearing on the defendant's motion or the order denying his motion to dismiss his indictment for cocaine trafficking and marijuana possession, the Court of Appeals could not provide proper appellate review of the defendant's claim that the more than 3-year delay between his arrest and the denial of his motion to dismiss the indictment violated his speedy trial rights.

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Following a jury trial, Neal Garnett Smith was convicted of possession of cocaine and marijuana possession.1 Smith filed a motion for new trial, which the trial court denied after Smith declined the opportunity to have an evidentiary hearing. On appeal, Smith contends that 1 the evidence was insufficient to support his convictions, and 2 the more than three-year delay in his prosecution violated his constitutional right to a speedy trial. For the reasons that follow, we find that the evidence supports Smith’s convictions; however, we vacate the denial of Smith’s motion to dismiss his indictment and remand this case with direction.

Viewed in the light most favorable to conviction,2 the evidence shows that, in November 2008, a detective with the Vidalia police department began a drug investigation involving a Toombs County residence. The residence was leased by Smith’s girlfriend. Smith kept his dogs at the residence and his mother lived next door. Following a controlled purchase of illegal drugs at the residence, an officer obtained a search warrant.

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