State v. Outen
Annotate this CaseAfter an automobile driven by defendant struck and killed the victim, a grand jury returned a two-count indictment against defendant. At issue was whether Count I of the indictment was properly dismissed because it lacked any specific facts supporting the reckless driving allegation. The court held that the trial court's order dismissing Count I of the indictment was not a final order and that Count II remained in the trial court. Accordingly, by the plain terms of OCGA 5-7-2, a certificate of immediate review was required. The court also held that the State did not secure the required certificate, and the order granting the special demurrer as to Count I was thus not appealable. Consequently, it was error for the Court of Appeals to affirm the trial court where the appeal should have been dismissed by that court and therefore, the judgment was vacated and remanded for further proceedings.
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