State v. Melanie Pickens

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ March 14, 2014

The Court of Appeals hereby passes the following order:

A14A1225. THE STATE v. MELANIE PICKENS.

In this criminal matter, the State seeks to appeal an order of the trial court granting a witness immunity pursuant to OCGA § 24-5-507. According to the State, the appeal is permitted under OCGA § 5-7-1 (a) because the order is tantamount to one dismissing an indictment.

As the Supreme Court has made clear, “[t]he State does not have a right of appeal in criminal cases, except as provided by OCGA § 5-7-1.” Glenn v. State, 271 Ga. 604 (1) (523 SE2d 13) (1999). And we are required to construe this statute strictly against the State. See id. OCGA § 5-7-1 (a) (1) permits the State to file a direct appeal “[f]rom an order . . . setting aside or dismissing any indictment[.]” Strict construction of this language does not permit us to extend a direct appeal to orders granting immunity. Accordingly, this appeal is hereby DISMISSED. See State v. Glover, 281 Ga. 633 (641 SE2d 543) (2007).

Court of Appeals of the State of Georgia 03/14/2014

Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.