Lisa Johnson was arrested on July 9, 1993, and posted bond and was released from custody on July 21, 1993. In September of 1993, the City of Atlanta Bond Administrator closed the bonding company used by Ms. Johnson because of unpaid outstanding judgments. The grand jury indicted Ms. Johnson on December 10, 1993 for malice murder, felony murder, and aggravated assault. She failed to appear at her scheduled arraignment on January 18, 1994, and a bench warrant was issued on January 31. On June 16, 1994, the trial court entered a judgment against the bonding company for its failure to have Ms. Johnson appear. On November 18, 1999, the criminal case was assigned to the backlog calendar, and an investigator quickly discovered that Ms. Johnson was living with her mother in Kansas City, Missouri. After extradition, the trial court set bond and again released Ms. Johnson from custody on December 22, 1999. The case appeared on several plea and arraignment calendars throughout the year 2000 and, on September 25, Ms. Johnson filed a plea in bar based upon an alleged violation of her constitutional right to a speedy trial. The trial court sustained that plea, and the State appeals.
The sole issue is whether the trial court abused its discretion in balancing the four factors set forth in Barker v. Wingo, 407 U.S. 514 92 SC 2182, 33 LE2d 101 1972 and finding a violation of the constitutional right to a speedy trial in this case. Torres v. State, 270 Ga. 79, 81 2 508 SE2d 171 1998. Those four factors are “1 the length of the delay; 2 the reason for the delay and whether this is attributable to the defendant or the state; 3 the timeliness of the defendant’s assertion of the right to a speedy trial; and 4 prejudice to the defendant.” Jackson v. State, 272 Ga. 782, 783 534 SE2d 796 2000. ” ‘These factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process.’ Cit.” Brown v. State, 264 Ga. 803, 805 2 450 SE2d 821 1994. “ Absent an abuse of discretion, the decision of the trial court must be affirmed. Cit.” Snow v. State, 229 Ga. App. 532, 533 494 SE2d 309 1997.
