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Franklin v. State

Under the circumstances, the defendant was not denied his right to a speedy trial in a robbery and aggravated assault case, even though the case had been on the dead docket, since his 1979 conviction of murder.

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In this armed robbery and aggravated assault case, Raymond Franklin appeals from the trial court’s order denying his motion to dismiss based upon a violation of his right to a speedy trial and the expiration of the statute of limitation. For the reasons set forth below, we affirm. The record in this case shows that Franklin was indicted in Cobb County Superior Court for two counts of armed robbery and one count of aggravated assault on January 7, 1979. Ten days later, Franklin escaped from custody during a supervised visit to a dentist’s office. He killed a person during the course of his escape before being recaptured within 24 hours. On February 8, 1979, Franklin was separately indicted for abduction, kidnapping, and murder. On May 11, 1979, the trial judge granted the State’s request that the armed robbery case against Franklin be placed on the dead docket because Franklin was “convicted on April 26, 1979, and sentenced to 20 years for kidnapping and a death sentence for murder.” The record shows no objection by Franklin to the placement of the armed robbery case on the dead docket.

On April 29, 1984, the United States Supreme Court affirmed a decision by the Eleventh Circuit Court of Appeals setting aside Franklin’s murder conviction and death sentence. See Franklin v. Francis , 720 F.2d 1206 11th Cir. 1983, affirmed, Francis v. Franklin , 471 U. S. 307 105 SC 1965, 85 LEd 2d 344 1985. On October 30, 1985, Franklin was again convicted of murder and kidnapping and sentenced to life in prison. At the time of Franklin’s conviction, the sentencing option of life without parole had not yet been enacted by the General Assembly. See OCGA § 17-10-16 a effective May 1, 1993.

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