CARLEY, Judge.
Appellant was arrested for shoplifting. She was afforded a preliminary hearing in Atlanta Municipal Court, where her counsel filed a written demand for "speedy trial." Appellant was bound over to the Fulton County Superior Court and a felony indictment charging theft by shoplifting was subsequently issued. Citing the provisions of OCGA § 17-7-170, appellant moved for discharge and acquittal based upon the State's failure to try her in accordance with the demand for speedy trial which she had filed in municipal court. Following a hearing, the trial court denied the motion for discharge and acquittal. Appellant filed this direct appeal from the trial court's order. See Hubbard v. State, 254 Ga. 694 ( 333 S.E.2d 827) (1985).
"This case is controlled by our recent decision in State v. Hicks, 183 Ga. App. 715, 716 ( 359 S.E.2d 712) (1987): `"[A] demand for speedy trial pursuant to the provisions of OCGA § 17-7-170 may not be made until an indictment has been returned or an accusation preferred. [Cit.]" [Cit.] .... [OCGA § 17-7-170] clearly provides that "[a]ny person against whom a true bill of indictment ... is found ... may enter a demand for trial ..." Therefore, interpreting this statute literally, only a person who has been indicted or otherwise formally charged with a crime can invoke the rights afforded by OCGA § 17-7-170.' It follows that the trial court correctly denied appellant's motion for acquittal." Wilson v. State, 186 Ga. App. 190 ( 366 S.E.2d 826) (1988).
Appellant's reliance on State v. Spence, 179 Ga. App. 750 ( 347 S.E.2d 612) (1986) is misplaced. The Spence decision "concerned [a] traffic-related [offense] which may be prosecuted on the [Uniform Traffic] [C]itation without the necessity of returning a formal accusation pursuant to OCGA § 17-7-71. [Cits.] Such an exception does not apply to the crime of [theft by shoplifting], and [any] citation [which may have been] issued in the present case was not sufficient to constitute an accusation [or indictment] against [appellant as] the defendant herein. Accordingly, [appellant's] demand for speedy trial was prematurely filed and the trial court [properly denied her] motion for acquittal." State v. McKenzie, 184 Ga. App. 191, 192 ( 361 S.E.2d 54) (1987).
Judgment affirmed. Deen, P. J., and Sognier, J., concur.
DECIDED APRIL 4, 1988.