Walter Lee Howard, Jr. v. State

• Court: Court of Appeals of Georgia
• Decided: November 26, 2012
• Docket: A12A2372
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ November 26, 2012

The Court of Appeals hereby passes the following order:

A12A2372. HOWARD v. THE STATE.

The above-referenced appeal was docketed with this Court on July 30, 2012. Appellant’s sole enumeration of error concerns an alleged abuse of discretion by the trial court in denying his pre-trial motion to dismiss for the violation of his Constitutional right to a speedy trial, and he filed a direct appeal before this Court pursuant to Callaway v. State, 275 Ga. 332 (2002). On November 19, 2012, the Supreme Court of Georgia overruled Callaway v. State and held that “[d]efendants must follow the interlocutory appeal procedures of OCGA § 5-6-34 (b) when pursuing appellate review” of the denial of a pre-trial motion for a Constitutional speedy trial. Sosniak v. State, Case Number S12A0799, decided Nov. 19, 2012. Accordingly, Howard’s direct appeal to this Court is hereby DISMISSED.

Court of Appeals of the State of Georgia 11/26/2012 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.