Willie Moore appeals the order denying his motion to dismiss the indictment against him for violation of his constitutional right to a speedy trial. Because we conclude that the trial court did not abuse its discretion in weighing the relevant factors for determining whether there has been a constitutional speedy trial violation, we affirm. This is the third appearance of the case before the court. In its first appearance, Moore v. State , 294 Ga. App. 570 669 SE2d 498 2008 “Moore I “, we noted that the key facts were stipulated and described the factual background as follows: On April 19, 2004, Moore was arrested on the charge that he had molested his stepdaughter; within ten days, he was appointed counsel. He was able to post bond within a month of the arrest. From thence until October 2007, the matter lingered with the police and the district attorney’s offices; no indictment was obtained until November 29, 2007 more than 43 months after the arrest, which included charges of statutory rape, aggravated child molestation, and child molestation. During the forty-three-month delay, the State lost two key files: the CID file containing the medical examinations and medical reports concerning the child victim, which included the results of the examination of the child’s vaginal area and hymen; and the main investigative report and all case notes created by the law enforcement agency investigating the case. No one could identify the physician who performed the medical examination nor the facility at which the examination took place. On January 7, 2008, Moore was arraigned and pled not guilty. On January 15, Moore filed a plea in bar, moving to dismiss the case on the ground that his constitutional right to a speedy trial had been violated. Simultaneously, he filed a special demurrer arguing that the indictment was defective in that it alleged only a range of dates for the criminal acts and a demand for a speedy trial; however, he withdrew the speedy trial demand less than a month later on February 12. In April 2008, the court conducted an evidentiary hearing on the plea in bar, at which Moore’s wife testified and at which the parties stipulated to the key facts. In June 2008, the court entered an order making relevant findings of fact and denying the plea in bar; in that same order, the court also denied the special demurrer on the ground that it was untimely having been filed after arraignment. Moore v. State , 294 Ga. App. at 571. We affirmed the trial court’s order denying Moore’s plea in bar, id. at 576 1, but vacated the trial court’s order denying his special demurrer as untimely and remanded the case with instruction to the trial court to hold a hearing to allow the state to present evidence on the demurrer. Id. at 576-577 2. The remittitur was sent to the trial court on December 5, 2008.
Upon remand, the trial court granted the special demurrer, and within five weeks, on October 28, 2009, the state re-indicted Moore on charges of statutory rape, child molestation, and false imprisonment. On December 16, 2009, Moore filed a demand for speedy trial, plea in bar and motion to dismiss the second indictment, contending that his constitutional right to a speedy trial had been violated. The trial court denied the motion on February 12, 2010, and Moore appealed.
