State v. Jessup

Banke, Presiding Judge.

The trial court dismissed an accusation charging the appellee-defendant with driving under the influence, based on the solicitor’s conduct in passing over the case on the trial calendar to “go forward with ‘cases which are older.’ ” The state appeals. Held:

OCGA § 17-8-1 provides: “The cases on the criminal docket shall be called in the order in which they stand on the docket unless the defendant is in jail or, otherwise, in the sound discretion of the court.” Thus, the order in which the cases on the criminal docket are tried is ultimately the responsibility of the…