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Azizi v. State

Defendant's inquiry in open court about the feasibility of scheduling an earlier trial date failed to satisfy the strict requirements of O.C.G.A. § 17-70-171.

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Appellant Mohammad Omar Azizi appeals the denial of his motion for discharge and acquittal due to the trial court’s alleged failure to comply with his demand for speedy trial. Because the record shows that appellant waived his speedy trial demand by failing to comply with the requirements of OCGA § 17-7-171, we affirm.

Appellant was charged with murder, felony murder and aggravated assault in connection with the beating death of his wife. On February 23, 1996, appellant filed a demand for speedy trial pursuant to OCGA § 17-7-171. Consistent with his speedy trial demand, appellant was tried on June 21, 1996, convicted, and sentenced to life imprisonment. On February 22, 1999, appellant’s conviction was reversed by this Court.1 Thereafter, on March 25, 1999, this Court issued the remittitur to the Clerk of the Fulton County Superior Court, and the remittitur was filed with the superior court on April 12, 1999.

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