State v. West

Smith, Presiding Judge.

The State appeals from the trial court’s order dismissing a state court accusation charging Clay Douglas West with DUI. The trial court reasoned that transfer of the case from the Municipal Court of Suwanee to the state court was not authorized by OCGA § 40-6-376 (a), granted West’s motion to dismiss, and transferred the case back to municipal court. This court has recently concluded that OCGA § 40-6-376 (a) authorizes transfer to state court under the circumstances presented here. See State v. Serio, 257 Ga. App. 369 (571 SE2d 168) (2002); State v. Johnson, 257 Ga.…