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Collins v. State

Despite his irrational behavior, defendant was not entitled to a psychiatric evaluation since he appeared to be articulate and intelligent and no prior medical opinion suggested that he was not competent to stand trial.

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Charles E. Collins was tried by jury and convicted on two counts of obstruction of an officer. On appeal he contends that the trial court erred by failing to grant an acquittal and discharge based on his speedy trial demand, by failing to grant his motion for a psychiatric examination, and by failing to grant a new trial on the grounds of ineffective assistance of counsel.

1. The trial court properly denied Collins’ motion for discharge and acquittal pursuant to OCGA § 17-7-170, alleging abridgement of his right to a speedy trial, because the motion was based on Collins’ first demand for speedy trial, which he made before the indictment was returned. Freeman v. State, 232 Ga. App. 715 2 503 SE2d 601 1998; Little v. State, 188 Ga. App. 410 1 373 SE2d 260 1988.

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