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Redstrom v. State8/31/1999
235 Ga. App. 732, 734 (510 SE2d 557). The Supreme Court of Georgia has rejected the argument that a court term should count merely because jurors were impaneled previously during that term, since discharged jurors are neither impaneled nor qualified to try a defendant, and so fail to meet the statutory requirements for a speedy trial. Pope v. State, 265 Ga. 473, 474 (458 SE2d 115).
Defendant stipulated that the jurors had been released that Friday, and there is no evidence they were subject to recall for that day. In the absence of clear and convincing evidence to the contrary, we will not disturb the trial court's factual finding that no jury qualified to try defendant was impaneled at the time defendant's demand was filed, or for the remainder of the November 1998 term. Wilson v. State, 156 Ga. App. 53, 54 (274 SE2d 95). The trial court correctly concluded that defendant's filing did not trigger the two-term requirement of OCGA § 17-7-170 (b) during the November 1998 Term of the State Court of Gwinnett County, and so properly denied defendant's motion for discharge and acquittal.
Judgment affirmed. Johnson, C. J., and Phipps, J., concur.
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