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202 Ga. App. 698

State v. Pruitt

Court of Appeals of Georgia

Decided February 5, 1992

Court of Appeals of Georgia · decided 1992-02-05

Relies on First National Bank & Trust Co. v. State

Decided 1992-02-05

Carley, Presiding Judge.

¶1By 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.

¶2It does not appear from the record whether a post-arrest preaccusation 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 &c., Macon v. State, 237 Ga. 112 (227 SE2d 20) (1976). Accordingly, the erroneous dismissal of the accusation must be reversed.

¶3Judgment reversed.

Beasley, J., and Judge Arnold Shulman concur.
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