King v. State

Birdsong, Presiding Judge.

Albert King appeals the trial court’s order reconsidering its earlier order to return confiscated property under OCGA § 17-5-30.

King’s motion to return property was filed on April 10, 1992, when the State nolle prossed his case, after the Supreme Court reversed his conviction (King v. State, 262 Ga. 147 (414 SE2d 206)) but before the remittitur was handed on June 5, 1992. The trial court granted the motion to return property on May 15, 1992, holding that it was bound by the Supreme Court’s reversal even though the remittitur had not come down. The State returned all…