The State appeals the trial court’s order granting Christian Eric Reimers’s motion for discharge and acquittal of three counts of child molestation OCGA § 16-6-4 a 1, on the grounds that Reimers’s Sixth Amendment right to a speedy trial was violated. For the reasons that follow, we reverse and remand with direction. The trial court’s weighing of each factor and its balancing of all four factors —its ultimate judgment —are reviewed on appeal only for abuse of discretion. However, where the trial court has clearly erred in some of its findings of fact and/or has misapplied the law to some degree, the deference owed the trial court’s ultimate ruling is diminished. In addition, the trial court’s order must provide sufficient findings of fact and conclusions of law to permit this Court to determine if the trial court properly exercised its discretion under the Barker v. Wingo , 407 U.S. 514 92 SC 2182, 33 LE2d 101 1972 analysis. See Higgenbottom v. State , 288 Ga. 429, 430 704 SE2d 786 2011. State v. Porter , 288 Ga. 524, 526 2 a 705 SE2d 636 2011. The record shows that Reimers was arrested on June 4, 2008, for child molestation, specifically for touching the breasts, buttocks, and vaginal area of a female child under the age of 16 with his hand. Reimers has been represented by counsel at all times since that date. On June 8, 2008, a consent bond was entered and Reimers was released from jail. The charges against Reimers were presented to the grand jury, and a true bill was returned on October 6, 2009. Reimers filed a waiver of arraignment on the date of his scheduled arraignment, November 3, 2009. The State provided formal discovery and filed a demand for reciprocal discovery on November 20, 2009. Supplemental discovery was provided to Reimers on January 27, 2010, to provide him the forensic video recording of the State’s interview of the alleged victim. Reimers provided reciprocal discovery in the nature of witness lists to the State on February 26, 2010, and separately filed a statutory demand for speedy trial pursuant to OCGA § 17-7-170.
Reimers announced ready for trial at calendar calls on March 30 and May 25, 2010. Although his case was placed on the criminal jury trial calendar for the week beginning June 14, 2010, it was not reached for trial during that week. On June 11, 2010, Reimers filed the underlying motion for discharge and acquittal, raising for the first time a violation of his constitutional right to a speedy trial. Three days later, the trial court granted a consent motion to amend bond conditions to clarify and make an “express exception” from its previously ordered limitations as to contact with children under 16 years of age for purposes of facilitating Reimers’s employment. And, on July 6, 2010, the trial court granted the instant motion for discharge and acquittal. At issue is whether the trial court abused its discretion in applying the four-part balancing test set forth by the United States Supreme Court in Barker .
