State v. Grimes, A89A1988
| Decision Date | 06 March 1990 |
| Docket Number | No. A89A1988,A89A1988 |
| Citation | 392 S.E.2d 727,194 Ga.App. 736 |
| Parties | The STATE v. GRIMES. |
| Court | Georgia Court of Appeals |
James L. Webb, Sol., Lee O'Brien, Ural D. Glanville, Helen A. Roan, Asst. Solicitors, for appellant.
Leon Grimes, pro se.
The State brings this appeal pursuant to OCGA § 5-7-1(1) from the trial court's dismissal of the misdemeanor criminal trespass charge filed against appellee. We affirm.
According to the trial court's order,
A trial court is authorized to dismiss accusations and indictments. See OCGA § 5-7-1(1). Citing State v. Cooperman, 147 Ga.App. 556, 249 S.E.2d 358 (1978), the State maintains that the trial court had no authority to dismiss the charge against appellee before issue was joined and evidence heard. In Cooperman, however, the trial court entered judgments of acquittal before issue was joined, in effect dismissing the accusations with prejudice. See also special concurrence in State v. Owens, 189 Ga.App. 308, 375 S.E.2d 656 (1988). In the case at bar, the dismissal did not amount to a dismissal with prejudice. Therefore, the State may file another accusation against appellee prior to the expiration of the period of limitation and prosecute him on that accusation. See Callahan v. State, 179 Ga.App. 556(1), 347 S.E.2d 269 (1986). The trial court has a right to keep its calendar and determine the order in which cases are tried. OCGA § 17-8-1; State v. Jessup, 187 Ga.App. 429, 370 S.E.2d 489 (1988) (physical precedent only). The State cannot deny the trial court its right by not being prepared when the case is called and, so long as the dismissal does not amount to an acquittal, or a dismissal with prejudice, there is no error.
Judgment affirmed.
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Walker v. State
...trial court "entered an order dismissing the charge with prejudice for want of prosecution" (emphasis added)).In State v. Grimes , 194 Ga. App. 736, 392 S.E.2d 727 (1990), the defendant was charged with criminal trespass. When the case was called for trial, the State moved for a continuance......
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State v. Walker
...Court found that those dismissals functioned as dismissals with prejudice. Id. at 880, 825 S.E.2d 399, citing State v. Grimes , 194 Ga. App. 736, 736-737, 392 S.E.2d 727 (1990) (affirming dismissal of accusation where "the State may file another accusation against appellee prior to the expi......
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Walker v. State
...charged with criminal trespass. When the case was called for trial, the State moved for a continuance, which the trial court granted. See id. at 736. On the continued trial date, the State was not ready, so court dismissed the case. See id. The Court of Appeals affirmed, reasoning that tria......
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State v. Brooks
...proceedings entails the discretion to dismiss criminal charges without prejudice for want of prosecution. State v. Grimes, 194 Ga.App. 736, 736-737, 392 S.E.2d 727 (1990) (trial court was authorized to dismiss misdemeanor criminal trespass charge without prejudice after the State received a......