Miller v. State, 72871
| Decision Date | 30 October 1986 |
| Docket Number | No. 72871,72871 |
| Citation | 350 S.E.2d 313,180 Ga.App. 710 |
| Parties | MILLER v. The STATE. |
| Court | Georgia Court of Appeals |
Carl P. Greenberg, Atlanta, for appellant.
Robert E. Wilson, Dist. Atty., John H. Petrey, Asst. Dist. Atty., for appellee.
Miller's motion to dismiss his indictment for cocaine possession for failure to comply with OCGA § 42-6-20, Art. III(a) was denied by the trial court. Although Miller, who was represented by counsel, filed a pro se motion for certificate of immediate review, no certificate is contained in the record. The enumeration of error addresses only the OCGA § 42-6-20 issue. Miller and his counsel have agreed to waive his rights under OCGA § 42-6-20, Art. IV(c) in order to appeal the Art. III(a) question.
Because we conclude that this issue is one for which a certificate of immediate review and petition for interlocutory appeal were required, however, the appeal must be dismissed. OCGA § 5-6-34(b); Webster v. State, 251 Ga. 465, 306 S.E.2d 916 (1983); see Price v. State, 237 Ga. 352(2), 227 S.E.2d 368 (1976).
This is not a question involving speedy trial rights under OCGA § 17-7-170, which would be directly appealable. Hubbard v. State, 254 Ga. 694, 333 S.E.2d 827 (1985). Therefore, the appeal is dismissed.
Appeal dismissed.
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