Home/Court of Appeals of Georgia/State v. Luttrell

State v. Luttrell

427 S.E.2d 95, 207 Ga. App. 116, 93 Fulton County D. Rep. 352, 1993 Ga. App. LEXIS 87
CourtCourt of Appeals of Georgia
DecidedJanuary 15, 1993
DocketA92A1858
StatusPublished
Cited by14 cases

This text of 427 S.E.2d 95 (State v. Luttrell) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Luttrell, 427 S.E.2d 95, 207 Ga. App. 116, 93 Fulton County D. Rep. 352, 1993 Ga. App. LEXIS 87 (Ga. Ct. App. 1993).

Opinion

Johnson, Judge.

Joanna Mae Luttrell was charged by accusation with criminal trespass. The case was scheduled for trial before a judge sitting without a jury. When the State’s witnesses failed to appear for trial, Luttrell made a motion to dismiss the charge for want of prosecution. The trial court granted the motion and entered an order dismissing the charge with prejudice for want of prosecution. The State appeals from the order, arguing that the court had no authority to dismiss the charge with prejudice.

The instant case, unlike State v. Fly, 193 Ga. App. 190 (387 SE2d 347) (1989), does not involve an improper appeal by the State from a judgment of acquittal. Instead, the State has appealed from an order of dismissal for want of prosecution. “The Civil Practice Act ([OCGA § 9-11-41 (b)]) provides for dismissals with prejudice of civil cases, but the court knows of no statutory or case authority which permits such dismissals in criminal cases.” (Emphasis in original.) State v. Cooperman, 147 Ga. App. 556, 558 (2) (249 SE2d 358) (1978). See also special concurrence in State v. Owens, 189 Ga. App. 308 (375 SE2d 656) (1988). As the trial court had no authority to dismiss the accusation with prejudice, the dismissal cannot be upheld.

Judgment reversed. Pope, C. J., and Carley, P. J., concur. *117 Chinedum T. Nwosu, for appellee.

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Cite This Page — Counsel Stack

Bluebook (online)
427 S.E.2d 95, 207 Ga. App. 116, 93 Fulton County D. Rep. 352, 1993 Ga. App. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-luttrell-gactapp-1993.