State v. Pruitt

• Court: Georgia Court of Appeals
• Writing for the Court: CARLEY; BEASLEY, J., and ARNOLD SHULMAN
• Citation: State v. Pruitt, 415 S.E.2d 497, 202 Ga.App. 698 (Ga. App. 1992)
• Decision Date: 05 February 1992
• Docket Number: No. A91A2044,A91A2044
• Parties: The STATE v. PRUITT.

Page 497

415 S.E.2d 497

202 Ga.App. 698

The STATE v. PRUITT.

No. A91A2044.

Court of Appeals of Georgia.

Feb. 5, 1992.

Gerald N. Blaney, Jr., Sol. and William F. Bryant, Asst. Sol., for appellant.

Alan I. Begner and Paul C. Munger, Atlanta, for appellee.

CARLEY, Presiding Judge.

By way of accusation, appellee was charged with obstruction of a law enforcement officer. Thereafter, the trial court conducted a hearing and ordered the dismissal of the accusation for lack of "any probable cause to charge [appellee] with obstruction" of a law enforcement officer. Pursuant to OCGA § 5-7-1(1), the State appeals from that order.

It does not appear from the record whether a post-arrest pre-accusation probable cause hearing was held pursuant to Uniform State Court Rule 26. In any event, however, it is clear that the trial court had no jurisdiction to dismiss the accusation based upon the purported lack of probable cause. First Nat. Bank, etc., Macon v. State, 237 Ga. 112, 227 S.E.2d 20 (1976). Accordingly, the erroneous dismissal of the accusation must be reversed.

Judgment reversed.

BEASLEY, J., and ARNOLD SHULMAN, Judge, sitting by...