State v. Luttrell, A92A1858

Decision Date15 January 1993
Docket NumberNo. A92A1858,A92A1858
Citation427 S.E.2d 95,207 Ga.App. 116
PartiesThe STATE v. LUTTRELL.
CourtGeorgia Court of Appeals

James L. Webb, Sol., Lawrence W. Daniel, Helen A. Roan, Asst. Sols., for appellant.

Chinedum T. Nwosu, for appellee.

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 S.E.2d 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 S.E.2d 358 (1978). See also special concurrence in State v. Owens, 189 Ga.App. 308, 375 S.E.2d 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.

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13 cases
  • The State v. Smith.
    • United States
    • Georgia Court of Appeals
    • 10 de março de 2011
    ...§ 17–16–6 requires the defendant to show both that he was prejudiced and that the [S]tate acted in bad faith”); State v. Luttrell, 207 Ga.App. 116, 116, 427 S.E.2d 95 (1993) (holding that no statutory or case authority permits dismissals of criminal cases for want of prosecution). 32. Cf. S......
  • State v. Blackwell
    • United States
    • Georgia Court of Appeals
    • 14 de julho de 2000
    ...special concurrence in State v. Owens, [supra at 310, 375 S.E.2d 656]. (Punctuation omitted; emphasis in original.) State v. Luttrell, 207 Ga.App. 116, 427 S.E.2d 95 (1993). Thus, in order to deny the State its right to prosecute on the indictment because of the failure to preserve evidence......
  • Walker v. State
    • United States
    • Georgia Supreme Court
    • 19 de outubro de 2021
    ...dismissal of criminal cases with prejudice for want of prosecution. Id. at 558, 249 S.E.2d 358. See also State v. Luttrell , 207 Ga. App. 116, 116, 427 S.E.2d 95 (1993) (citing Cooperman and reversing in criminal trespass case where trial court "entered an order dismissing the charge with p......
  • State v. Walker
    • United States
    • Georgia Court of Appeals
    • 2 de julho de 2020
    ...with prejudice.2 Our law is abundantly clear that criminal charges may not be dismissed with prejudice. See State v. Luttrell , 207 Ga. App. 116, 427 S.E.2d 95 (1993) (trial court lacks authority to enter dismissal with prejudice for want of prosecution in criminal case); State v. Cooperman......
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