Johnson v. State

The trial court properly denied defendant's motion for discharge and acquittal on speedy trial grounds with respect to his statutory right to a speedy trial, but failed to make the requisite findings of fact and conclusions of law with respect to his constitutional speedy trial right.

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Appellant Sherwin Johnson is awaiting trial in Gwinnett County on felony murder and other charges in connection with the April 2014 shooting death of Kevin Pierre. On May 8, 2015, the trial court entered an order denying Appellant’s motion for discharge and acquittal on speedy trial grounds, and on June 5, 2015, Appellant filed a timely notice of appeal of that order. The trial court properly denied Appellant’s motion with respect to his statutory right to a speedy trial, and we affirm the court’s ruling in this regard. However, the court failed to make the required findings of fact and conclusions of law to enable this Court to evaluate the denial of Appellant’s motion with respect to his constitutional speedy trial right. Accordingly, we vacate the trial court’s ruling in that regard and remand for the entry of an order containing appropriate findings of fact and conclusions of law. Appellant’s many other enumerations of error lack merit.

1. The record indicates that at about 11:16 p.m. on April 13, 2014, there was a gunfight at the Bradford Gwinnett Townhomes in Norcross. Law enforcement officers responded to the scene within minutes, and shortly after midnight Kevin Pierre, who had been shot, was found lying dead on the ground nearby. Witnesses said that the fatal shots were fired from a large truck driven by Quinton Hall; Appellant allegedly was in the front passenger seat at the time. The truck was traced to a man who said that he lent it to Appellant around noon on April 13. On the morning of April 14, Appellant, Hall, and a third man were questioned and then allowed to leave. On April 22, a detective obtained arrest warrants for Appellant for felony murder and aggravated assault, and the next day, Appellant was arrested at his place of business; he allegedly had small amounts of cocaine and marijuana in his pocket. On May 1, attorney Scott Drake filed a motion for bond on behalf of Appellant, which was withdrawn in June. On May 9, the trial court held a probable cause hearing at which the detective testified.

Johnson v. State

The trial court properly denied defendant's motion for discharge and acquittal on speedy trial grounds with respect to his statutory right to a speedy trial, but failed to make the requisite findings of fact and conclusions of law with respect to his constitutional speedy trial right.

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