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Richardson v. State

The trial court made a significant factual error in calculating the length of the pretrial delay by not including the time that elapsed between its original order denying the defendant's speedy trial motion and its second order on that motion entered on remand.

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Steve Richardson 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 This is the second appearance of this case before this Court. See Richardson v. State, 311 Ga. App. 369 715 SE2d 774 2011. In the prior appeal, we vacated the trial court’s order denying Richardson’s motion because it did not contain findings of fact and conclusions of law consistent with the analysis set forth in Barker v. Wingo, 407 U.S. 514 92 SC 2182, 33 LE2d 101 1972, and Doggett v. United States, 505 U.S. 647, 651 112 SC 2686, 120 LE2d 520 1992, and we remanded for entry of a proper order. See Richardson, 311 Ga. App. at 370. On remand, the trial court entered a new order containing findings of fact and conclusions of law, and it is this order that forms the basis for the current appeal. For the reasons discussed below, we must vacate the new order and remand this case for the trial court’s reconsideration.

On January 20, 2007, Richardson was arrested for child molestation and other related charges stemming from an incident that occurred in December 2006 at his place of work. Richardson was released on bond on January 23, 2007. On February 6, 2007, the grand jury indicted him on charges of child molestation, false imprisonment, and sexual battery.

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