State v. Finkelstein

Sognier, Judge.

The trial court in this case granted a motion to dismiss Count 1 of the indictment, which alleged criminal damage to property without the owner’s consent. When the state refused to proceed on Count 2 the trial court granted a motion to dismiss the indictment. The state appeals both rulings.

1. The state contends that the trial court had no authority to dismiss Count 1 because the case was not settled between the prosecutor and the defendant with the consent of the court, and under the provisions of OCGA § 17-8-2 all indictments that are not settled must be submitted to the jury.…