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Fisher v. State

Defense counsel waived defendant's speedy trial demand by failing to notify the trial court that counsel's higher priority case ended prior to expiration of the second court term.

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On October 1, 1998, appellant Robert Fisher was charged with DUI and operating a motor vehicle without a license plate. On November 10, 1998, appellant demanded a speedy trial pursuant to OCGA § 17-7-170, which provides that a defendant is entitled to be tried in the term the demand is made or at the next succeeding regular court term. The State Court of Fulton County has six terms of court per year, beginning on the first Monday in January, March, May, July, September, and November. OCGA § 15-6-3. Under OCGA § 17-7-170, appellant was entitled to be tried during the November or January term, or be discharged or acquitted of the charges against him.

Appellant’s trial was scheduled to begin on February 25, 1999, the next to the last day of the January term. However, nine days before the scheduled date, appellant’s counsel sent a notice of conflicts letter pursuant to USCR 17.1 B. In the letter, appellant’s counsel explained that he was scheduled to try a criminal jury case on February 22 in Dekalb Superior Court, another criminal jury case on February 24 in Atlanta City Court, and appellant’s case and another criminal case in Fulton State Court on February 25. Appellant’s counsel stated in the letter that he would “proceed with each case in the order listed unless directed by the Courts.”

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