Reginald McArthur Johnson v. State

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 14, 2014

The Court of Appeals hereby passes the following order: A14I0156. REGINALD MCARTHUR JOHNSON v. THE STATE.

Reginald McArthur Johnson filed this application for interlocutory appeal from the superior court’s order denying his motion to dismiss the indictment against him on the basis of OCGA § 16-1-7 (b). In the motion, Johnson asserted that the crimes for which he was indicted should have been charged in a former prosecution of another crime. Such an order is directly appealable. See Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982); Miller v. State, 204 Ga. App. 562, 563 (420 SE2d 12) (1992). This Court will grant a timely application for interlocutory appeal if the order is subject to direct appeal and the applicant has not otherwise filed a timely notice of appeal. See Spivey v. Hembree, 268 Ga. App. 485, 486 n. 1 (602 SE2d 246) (2004). It appears that Johnson has not filed a notice of appeal; therefore, the application is hereby GRANTED. Johnson shall have ten days from the date of this order to file a notice of appeal in the superior court. The clerk of the superior court is directed to include a copy of this order in the record transmitted to this Court.

Court of Appeals of the State of Georgia 04/14/2014 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.