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Williams v. State

Defendant was not entitled to discharge and acquittal because he failed to prove that he properly served the state with his speedy trial demand as required by O.C.G.A. § 17-7-171.

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Charles Williams appeals from the trial court’s denial of his motion for discharge and acquittal based on his demand for speedy trial pursuant to OCGA § 17-7-171.1 In his sole enumeration of error he argues that such denial was an abuse of discretion. Finding no error in the trial court’s decision, we affirm because Williams waived his rights to a speedy trial under OCGA § 17-7-171 by failing to serve the demand on the district attorney and by failing to be present in court announcing ready for trial and requesting trial on the indictment during both of the first two regular terms of court following the term at which the demand was filed.

On February 4, 1997, Williams was indicted for armed robbery and aggravated assault. On December 9, 1998, a motion for bond reduction was heard by the Honorable Richard Hicks, Magistrate Judge, sitting pro hac vice, for Fulton County Superior Court Judge Rowland Barnes. Judge Hicks denied Williams’ request for bond reduction; however, Judge Hicks instructed Williams he would entertain a motion for an out-of-time speedy trial demand pursuant to OCGA § 17-7-171 due to Williams’ lengthy incarceration while he awaited trial.

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