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POPE et al. v. THE STATE.
BUNN et al. v. THE STATE.
A94A1004.
A94A1005.
SMITH, Judge.
RICO. Upson Superior Court. Before Judge Carbo, pro hac vice.
On July 31, 1992, during the March 1992 term of court, 1 appellants and others were indicted by the Upson County grand jury under the Georgia RICO statute, OCGA 16-14-4. Appellants filed demands for trial on August 21, 1992, during the August 1992 term. Appellants, among others, moved to quash the indictment. The Bunns were reindicted on March 26, 1993, and filed no additional demands for trial.
On October 26, 1992, still within the August 1992 term, the trial court entered an order granting the motions to suppress evidence and quash the indictments made by the defendants, including appellants, and the State appealed. In State v. Adams, 209 Ga. App. 141 (433 SE2d 355) (1993), a previous appearance of this matter, this court reversed the trial court's order quashing the indictments and declined to consider the order suppressing evidence. The remittitur was made a judgment of the trial court on August 9, 1993, during the March 1993 term.
The August 1993 term began on August 16; the November 1993 term began on November 1. Appellants' motions for discharge and acquittal were denied on January 6, 1994, during the November 1993 term.
1. Appellant John Bunn was not named in the first indictment. The record shows no demand for trial on his behalf on either indictment, and he was not a party to the Bunns' motion for discharge and acquittal. Nor was he a party to the trial court's order denying the motions to dismiss and pleas in bar. There is nothing presented for review with respect to this appellant.
Notes
1  There are three terms of Superior Court in Upson County, beginning on the third Monday in March and August and the first Monday in November. OCGA 15-6-3 (19) (D).
2  Because appellants' motions for discharge and acquittal were premature in any event,
Michael J. Bowers, Attorney General, Michael E. Hobbs, Deputy Attorney General, J. Philip Ferrero, Assistant Attorney General, Joe L. Chambers, Patrick D. Deering, for appellee.
Haygood, Lynch, Harris & Melton, C. Robert Melton, for appellants.
DECIDED AUGUST 5, 1994 -- RECONSIDERATION DENIED AUGUST 18, 1994 -- CERT. APPLIED FOR.
Thursday May 21 06:20 EDT


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