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Roberts v. State

Defendant filed his demand for a speedy trial prematurely on the day before the grand jury returned his indictment.

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James Earl Roberts appeals from the trial court’s order denying his motion for discharge and acquittal based on the speedy trial provisions in OCGA § 17-7-170. For reasons that follow, we affirm. The record shows that, on or about May 17, 2001, the State arrested Roberts for child molestation and other sexual offenses. Roberts appeared in the municipal court for a preliminary hearing on June 28, 2001. Before the hearing began, however, the prosecutor announced that the grand jury had indicted Roberts. The prosecutor further noted that, given the indictment, Roberts was no longer entitled to a preliminary hearing, and the municipal court judge adjourned the proceedings.1

Later that day, Roberts filed a demand for speedy trial in the superior court. The State subsequently moved to deny or dismiss the demand, asserting that it was not timely filed. In an order dated September 20, 2001, the trial court agreed. It found that, despite the State’s representation at the preliminary hearing, Roberts was not actually indicted until June 29, 2001, when the grand jury returned a 23-count indictment charging Roberts with child molestation and aggravated child molestation. The trial court thus concluded that Roberts’ speedy trial demand, filed June 28, 2001, was premature and untimely.

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