State v. McIntyre

Sognier, Judge.

The State appeals from the trial court’s order granting the motion of Clarence McIntyre, Jr. for return of property pursuant to OCGA § 17-5-30.

The State contends this appeal is authorized by OCGA § 5-7-1 (3) as an appeal from an order “sustaining a plea or motion in bar, when the defendant has not been put in jeopardy.” We do not agree. As the record reveals that the State has stipulated it will not use the property at issue in the trial of the charges pending against appellee, the order on appeal does not operate to bar appellee’s prosecution. Compare State v. Benton, 246 Ga.…