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Cross v. State

Statute establishing only two terms of court for the City Court of Atlanta is constitutional.

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The question for decision in this case is whether Ga. L. 1996, p. 627, which establishes two terms of court for the City Court of Atlanta, is unconstitutional because it violates equal protection. We hold that it is not.

Rebecca Cross received a citation for driving under the influence and weaving on the roadway. The citation was filed in the City Court of Atlanta. Cross filed a demand for a speedy trial on December 12, 1997, pursuant to OCGA § 17-7-170. The case was called to trial on June 5, 1998, and Cross moved for acquittal based upon the State’s failure to try her within two terms of court. The trial court denied Cross’s motion, finding that the two term requirement of OCGA § 17-7-170 had not been met because the City Court of Atlanta has only two terms of court. Cross attacked the statute which establishes the terms of court for the City Court of Atlanta, asserting it violates equal protection because the Atlanta Judicial Circuit has six terms of court. See OCGA § 15-6-3 3.1 The trial court upheld the constitutionality of Ga. L. 1996, p. 627. Cross was found guilty and she appeals, raising the constitutional question set forth above.

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