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Walker v. State

The defendant's speedy trial demand was nullity, since she filed it before state filed an accusation.

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Bernadette Walker appeals the denial of her motion for discharge and acquittal on speedy trial grounds. For reasons that follow, we affirm. As an initial matter, we note that Walker has failed to provide citations to the record in her brief —with the exception of a single reference to a hearing transcript —in violation of Court of Appeals Rule 25 a. Given the shortcomings of her brief, we are authorized to dismiss Walker’s appeal.1 Nevertheless, we will exercise our discretion and resolve this appeal on its merits.

The record shows that Walker was arrested and issued a traffic citation on April 12, 2004 for driving under the influence “DUI” after she was involved in a motor vehicle collision. She was released on bond the same day. On July 14, 2004, Walker’s attorney attempted to file a “Notice of Appearance and Request for Speedy Trial Demand,” but the attempted filing was rejected.2 On October 12, 2004, the State filed the accusations against Walker. The notice of the January 3, 2005 plea and arraignment was mailed to Walker on December 3, 2004. On December 27, 2004, Walker filed a motion for discharge and acquittal on the grounds that the State violated her statutory and constitutional rights to a speedy trial. The trial court denied the motion, after a hearing, and this appeal followed.

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