State v. Marquavius Meadows

Court of Appeals of the State of Georgia ATLANTA,____________________ February 06, 2024 The Court of Appeals hereby passes the following order: A24I0116. THE STATE v. MARQUAVIUS MEADOWS. The State charged Marquavius Meadows with carrying a weapon without a valid license. Meadows filed a general and special demurrer, and on January 5, 2024, the trial court dismissed the charge. After obtaining a certificate for immediate review, the State filed this interlocutory application. The trial court’s order is subject to direct appeal under OCGA § 5-7-1 (a) (1), which permits the State to appeal “an order, decision, or judgment setting aside or dismissing any indictment, accusation, or a petition alleging that a child has committed a delinquent act, or any count thereof.” See State v. Mendoza, 190 Ga. App. 831, 831 (1) ( 380 SE2d 357 ) (1989). Moreover, pursuant to OCGA § 5-7-2 (b) (2), the State was not required to obtain a certificate of immediate review. This Court will grant an otherwise timely application for interlocutory appeal if the lower court’s order is subject to direct appeal. Spivey v. Hembree, 268 Ga. App. 485, 486, n. 1 ( 602 SE2d 246 ) (2004). Accordingly, this application is hereby GRANTED. The State shall have ten days from the date of this order to file a notice of appeal with the trial court if it has not already done so. See OCGA § 5-6-34 (b). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/06/2024 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.