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Jones v. State

Defense counsel waived defendant's right to automatic discharge and dismissal by seeking multiple leaves of absence and consenting to have defendant's trial date reset outside of the allowable time period.

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The question on appeal is whether the defendant’s numerous continuances and leaves of absence, which left only a seven-day window for trying the case during the second term, and his consenting to a notice resetting the case over to the next term, waived his speedy trial demand. We hold such actions did waive the demand and therefore affirm the trial court’s decision not to discharge the defendant on these grounds.

On February 28, 2000, within the January through March 2000 term of the DeKalb County State Court, the solicitor filed a formal accusation charging Brad Jones with driving under the influence of alcohol and disregarding a red light. Although Jones filed a request for a speedy trial pursuant to OCGA § 17-7-170, the case was not tried during either that term or the subsequent April through June term of court. Jones appeals the denial of his motion for discharge and acquittal on that ground.

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