Baldwin v. State
Baldwin v. State
Opinion of the Court
Joe Baldwin appeals the denial of his motion for discharge and acquittal on the ground that the state failed to try him within two
Joe E. Baldwin #1005387
Larry Gist State Jail
3295 FM. 3514
Beaumont, TX. 77705
On March 8, 2004, Baldwin filed a motion for discharge and acquittal, claiming the state failed to comply with his demand for a speedy trial. In the motion Baldwin stated that he was residing at David Wade Correctional Center in Homer, Louisiana. The trial judge entered an order denying Baldwin’s motion. Baldwin appeals, alleging the charges should be dismissed because his purported speedy trial demand was not met. We note that the address he lists on his appellate brief is still the David Wade Correctional Center in Homer, Louisiana. Because Baldwin has not been physically available to the court in which he demands a trial, Baldwin’s speedy trial demand has not run, and the trial court correctly denied his motion to discharge and acquit.
While the state raises a number of questions regarding whether Baldwin’s filing can be considered a speedy trial demand, we need not reach this issue. This case is virtually identical to, and is therefore controlled by, our decision in McIver v. State.
Here, the record shows that Baldwin has resided in correctional facilities outside the state of Georgia since his indictment on January 19,2001. He resided at a Texas jail when he filed his purported speedy trial motion, and he resided at a Louisiana correctional center when
Judgment affirmed.
OCGA§ 17-7-170.
205 Ga. App. 648, 649 (423 SE2d 27) (1992).
Id.
Id.
(Citations and punctuation omitted.) Id.; Cooper v. State, 224 Ga. App. 621, 622 (481 SE2d 607) (1997).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.