Miller v. State
Miller v. State
Opinion
Miller’s motion to dismiss his indictment for cocaine possession for failure to comply with OCGA § 42-6-20, Art. Ill (a) was denied by the trial court. Although Miller, who was represented by counsel, filed a pro se motion for certificate of immediate review, no certificate is contained in the record. The enumeration of error addresses only the *711 OCGA § 42-6-20 issue. Miller and his counsel have agreed to waive his rights under OCGA § 42-6-20, Art. IV (c) in order to appeal the Art. Ill (a) question.
Because we conclude that this issue is one for which a certificate of immediate review and petition for interlocutory appeal were required, however, the appeal must be dismissed. OCGA § 5-6-34 (b); Webster v. State, 251 Ga. 465 (306 SE2d 916) (1983); see Price v. State, 237 Ga. 352 (2) (227 SE2d 368) (1976).
This is not a question involving speedy trial rights under OCGA § 17-7-170, which would be directly appealable. Hubbard v. State, 254 Ga. 694 (333 SE2d 827) (1985). Therefore, the appeal is dismissed.
Appeal dismissed.
Reference
- Full Case Name
- Miller v. the State
- Cited By
- 7 cases
- Status
- Published