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Sechler v. State

The trial court properly weighed three of the four Barker-Doggett factors against the defendant in denying his speedy trial motion for discharge and acquittal.

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Errett Christopher Sechler III appeals from the trial court’s order denying his motion for discharge and acquittal for an alleged violation of his constitutional right to a speedy trial.1 Because the trial court did not abuse its discretion in weighing the relevant factors for determining whether there was a constitutional speedy trial violation, we affirm.

In January 2008, Sechler was arrested and charged with driving under the influence of alcohol “DUI” in the City of Madison, Georgia. The case was docketed in the Municipal Court of Madison, where Sechler pled guilty in May 2008. Subsequent to the guilty plea, Sechler filed a petition for a writ of habeas corpus in the Superior Court of Morgan County in October 2008, contending that his guilty plea should be set aside because he was not advised of his constitutional rights under Boykin v. Alabama, 395 U.S. 238 89 SC 1709, 23 LE2d 274 1969. In July 2009, the superior court granted the requested habeas corpus relief and set aside the guilty plea.

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