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Price v. State

Defendant's "Withdrawal of Jury Demand " served to withdraw his prior filed "Demand for Speedy Trial By Jury Under OCGA sec. 17-7-170 " in its entirety such that he was no longer entitled to a trial by jury or a speedy trial.

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This is an appeal from the denial of John Charles Price’s motion for discharge and acquittal. The following facts were adduced from the record and the transcript of the hearing on the motion:

On July 28, 1995, accusations were drawn and filed against Price, charging him with two counts of driving under the influence of alcohol, one count of speeding, and one count of improper lane usage. He retained attorney William Head to represent him on the charges. On Thursday, November 29, 1995, during the November/December term of court in Fulton County, attorney Head filed on Price’s behalf a “Demand For Speedy Trial By Jury Under OCGA § 17-7-170.”1 This was the only demand for a jury trial that was filed in the instant case. The State Court of Fulton County has six two-month terms of court beginning on the first Monday in January of each year.2 Accordingly, Price’s case needed to be tried in either December of 1995 or during the January/February 1996 term of court in order to comply with the speedy trial requirements of OCGA § 17-7-170 b.

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