Smith v. State
Smith v. State
Opinion of the Court
On April 15, 2004, Robert Frank Smith filed a motion to dismiss “with prejudice” three outstanding warrants for terroristic threats, aggravated assault, and criminal trespass on the grounds that he had been denied his constitutional right to a speedy trial.
Smith’s notice of appeal states that he appeals from the order filed on August 4, 2004, denying his motion to dismiss with prejudice. However, in his pro se appellate brief, Smith fails to put forth any enumeration of error or argument which relates to the appealed order. Instead, Smith’s brief is “in support of his out-of-time appeal denial,” and pertains to a charge to which he had pled guilty and not to the three warrants which were the subject of his motion to dismiss.
Smith previously filed a 171-page appellate brief in this case. As this brief was in violation of our Rule 24 (f) limiting briefs in criminal appeals to 50 pages, we ordered Smith to file another brief by September 10, 2005, and he filed the brief currently before us on October 7, 2005. In view of the foregoing, we are not inclined to order Smith to file another brief.
Accordingly, as [Smith] has provided this Court with neither enumerations of error nor arguments challenging the propriety of the . . . trial court’s order denying his [motion to dismiss with prejudice], he has waived any such argument for purposes of this appeal. See Court of Appeals Rule 25. Having nothing before us to review, we affirm the decision of the trial court.
Parham v. State, 273 Ga. App. 681, 682 (616 SE2d 126) (2005).
Judgment affirmed.
This matter was previously before us in Smith v. State, 266 Ga. App. 529 (597 SE2d 414) (2004), in which we vacated the trial court’s February 2003 order and directed the trial court to consider Smith’s claim that his constitutional rights to a speedy trial had been violated. Id. at 531-532 (3).
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