Hudson v. State

Notwithstanding the absence of a certificate of service attached directly to the defendant's speedy trial demand, the demand was its own separate, distinct and individual document that complied with statutory requirements.

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A Fulton County grand jury indicted David Hudson for two counts of aggravated sodomy OCGA § 16-6-2 a 2, one count of sexual battery OCGA § 16-6-22.1 b, one count of battery OCGA § 16-5-23.1 a, and one count of reckless conduct OCGA § 16-5-60. Hudson appeals from the trial court’s denial of his motion for discharge and acquittal, arguing that the trial court erroneously found that his speedy trial demand did not satisfy the statutory pleading requirements of OCGA SYMBOL 95 “Symbol” 10 17-7-170. We agree and conclude that Hudson’s demand for speedy trial was properly pled as a separate, distinct, and individual document. Accordingly, we reverse the trial court’s order and remand this case for further proceedings. This appeal presents a question of law, which we review de novo. Snow v. State , 229 Ga. App. 532 494 SE2d 309 1997.

The record shows that on June 23, 2009, Hudson was indicted in the Superior Court of Fulton County. On August 6, 2009, Hudson filed his demand for a speedy trial, together with ten other pleadings and motions upon a single form certificate of service. On September 17, 2009, the trial court granted the State’s motion to dismiss Hudson’s demand for failure to comply with the pleading requirements of OCGA § 17-7-170. Thereafter, on December 30, 2009, Hudson filed a motion for discharge and acquittal for failure to be tried within the time frame set forth in OCGA § 17-7-170. The trial court denied Hudson’s motion on April 16, 2010, finding that it was meritless in light of the prior dismissal of Hudson’s speedy trial demand. The instant appeal followed.

Hudson v. State

Notwithstanding the absence of a certificate of service attached directly to the defendant's speedy trial demand, the demand was its own separate, distinct and individual document that complied with statutory requirements.

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