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Bennett v. State

Defendant's request for a jury trial pursuant to O.C.G.A. § 17-7-170 was not a demand for a speedy trial.

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Torey Joseph Bennett, Sr., appeals from his October 1999 battery conviction. He also challenges the trial court’s earlier denial of his motion for discharge and acquittal. Finding no error, we affirm.

Bennett was indicted on October 6, 1998, on two counts of cruelty to children. On October 21, 1998, Bennett’s attorney filed an entry of appearance and six motions. The first document was entitled “Entry of Appearance, Waiver of Arraignment, and Request for Jury Trial,” and stated that “Defendant hereby waives formal arraignment, pleads not guilty, and requests a jury trial pursuant to OCGA § 17-7-170.” When Bennett was not tried during the July and November 1998 terms of the trial court, he moved for discharge and acquittal pursuant to OCGA § 17-7-170.

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