D'AURIA v. State

After persevering through four years of post-conviction pleadings — a granted motion for new trial, two Court of Appeals’ decisions (State v. D'Auria, 222 Ga. App. 615 (475 SE2d 678) (1996); State v. D'Auria, 229 Ga. App. 34 (492 SE2d 918) (1997)), a failed interlocutory application, and the denial of three petitions for certiorari, appellant has finally achieved what he has repeatedly sought — a judicial termination of the State’s prosecution of him for sexual battery, the charge a jury found him guilty of in 1993. “Based on the facts in this particular case,” the majority opinion ensures…