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State v. Dodge

Defense counsel's notice of a leave of absence failed to comply with USCR 16 because he did not give the state 10-days notice that he was requesting a 33-day leave.

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The State appeals from the discharge and acquittal of Danielle Dodge, who had been charged with three counts of driving under the influence of drugs or alcohol to the extent it was less safe to drive, OCGA § 40-6-391 a, and running a stop sign, OCGA § 40-6-20 a. For the following reasons, we reverse the trial court’s judgment.

The State Court of Fulton County has six terms of court each year which commence on the first Monday of the following months: January, March, May, July, September, and November. OCGA § 15-7-40; Price v. State, 245 Ga. App. 128 535 SE2d 766 2000. The record in this case shows that the State filed an accusation against Dodge on July 28, 1999. On October 15, 1999, Dodge’s counsel, William C. Head, allegedly filed a request for a leave of absence for the following dates in 1999: October 28 and 29; November 5; November 22 through 26; December 2 and 3; and December 9 through 31.1 Six days later, on October 21, 1999, Head filed a demand for speedy trial, pursuant to OCGA § 17-7-170. According to this statute, a defendant may request a speedy trial within the term during which the accusation is filed or at the next succeeding court term. Id. If the defendant is not tried during the term in which the demand is made or the next succeeding regular court term, she is entitled to be discharged and acquitted, “provided at both court terms there were juries impaneled and qualified to try her.” Id.

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