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NESMITH v. STATE

No. A04A0569.

600 S.E.2d 644 (2004)

267 Ga.App. 530

NESMITH v. The STATE.

Court of Appeals of Georgia.

May 20, 2004.

Attorney(s) appearing for the Case

LaScala & LaScala, Michael S. LaScala, Atlanta, for appellant.

Carmen D. Smith, Solicitor-General, Jody L. Peskin, Assistant Solicitor-General, for appellee.

MILLER, Judge.

John Wiley Nesmith appeals from the trial court's denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170. The trial court denied Nesmith's motion on the ground that his demand for speedy trial was not timely filed. We agree and affirm.

The record shows that Nesmith was charged by accusation filed August 27, 2002, with the failure to wear a seat belt and two counts of DUI. On November 20, 2002, Nesmith waived arraignment...

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