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Fausnaugh v. State

Because defendants did not file speedy trial demands in state court after their cases were transferred there from probate court, the state court correctly denied their motions for discharge and acquittal on that ground.

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Defendants Matthew S. Fausnaugh, who on April 2, 1998, and Robert B. Bell, who on October 15, 1998, were stopped separately while driving through Henry County and cited with various traffic offenses.1 The uniform traffic citations were filed in the Probate Court of Henry County. The evidence shows that each defendant thereafter filed a demand for speedy trial under OCGA § 17-7-170 in the probate court. Subsequently, the cases were transferred to the State Court of Henry County upon the effective date of its creation as a state court. Neither defendant filed a demand for speedy trial in the state court. On appeal, defendants separately appeal from the state court’s denial of motions for discharge and acquittal upon the State’s noncompliance with the speedy trial demands each filed separately in probate court. Since each defendant has raised an identical issue in his appeal, with defendant Bell adding a further assertion that error was committed in denying his plea in bar, we will consider these appeals consolidated for the purposes of appeal. Held:

A00A1423 and A00A1426

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