State v. McManus

Birdsong, Presiding Judge.

The State appeals from the grant of Patrick McManus’ motion to suppress, and McManus has moved to dismiss the appeal. The record shows that on January 11, 1996, after the trial court ruled from the bench granting McManus’ motion, the State filed a nolle prosequi on the charges pending. Later, a new accusation on the same charges was drawn on January 24, 1996, and was filed on January 25, 1996. Thereafter, the State filed a notice of appeal on February 1, 1996, *451seeking to appeal from the grant of the motion to suppress. Held:

Decided February 3, 1997. Benjamin F.…