Darryl Baker stands charged in the Superior Court of Athens-Clarke County with one count of rape, OCGA § 16-6-1. He appeals the superior court’s denial of his motion autrefois1 convict and plea of former jeopardy, through new counsel on appeal contending: 1 that his speedy trial demand in the State Court of Clarke County upon two misdemeanor sexual battery counts was sufficient to trigger the sanction of discharge and acquittal in the superior court case for trial counsel’s failure to serve his demand upon the trial judge as required under OCGA § 17-7-170 a; or, in the alternative, 2 that he is entitled to dismissal for trial counsel’s ineffectiveness in failing to comply with such requirement for service, this denying him his constitutional right to a speedy trial and subjecting him to double jeopardy upon the prosecution of the rape charge against him in superior court. Finding no error, we affirm. “Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, we review de novo the trial court’s application of the law to undisputed facts. Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994.” Summers v. State , 263 Ga. App. 338 587 SE2d 768 2003.
The following facts are undisputed in the record. Baker was arrested on two warrants for sexual battery on April 28, 2003, alleging that he “did knowingly and intentionally make physical contact with the intimate parts of the victim’s body.” A DNA sample from the victim was sent to the State Crime Laboratory for analysis. On June 11, 2003, Baker’s attorney filed a demand for speedy trial, duly serving the Solicitor-General but not the trial judge. One week later, Baker was brought before the state court to be arraigned on the two count accusation filed on the sexual battery charges, one alleging improper contact with his victim’s breasts and the other with her genital area. At the arraignment, however, the State requested a continuance, and over Baker’s objection, the matter was continued to August 22, 2003. Although Baker sought to enter blind guilty pleas to the sexual battery charges under Alford v. North Carolina , 400 U. S. 25 91 SC 160, 27 LE2d 162 1970, the state court refused to take his pleas absent the results of DNA analysis and again continued the arraignment.
