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State v. Bazemore5/10/2001
at the uncontradicted evidence weighted this factor in Bazemore's favor.
Considering the 21-month length of time between the arrest and the scheduled call of the case for trial, the unexplained delays, and prejudice to Bazemore, including impairment of his defense, stress, and embarrassment, we conclude that the trial court did not abuse its discretion in granting Bazemore's motion for discharge and acquittal for lack of a speedy trial on constitutional grounds.
2. The State also enumerates as "error" that the trial court "correctly denied [Bazemore's] motion for discharge and acquittal pursuant to OCGA § 17-7-170 because it was filed prematurely." Although the trial court did deny that motion, that decision is not properly before us, and we do not consider it. See OCGA § 5-7-1 (a) (4); OCGA § 5-6-34 (d).
Judgment affirmed.
Barnes and Phipps, JJ., concur.
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