State v. Brown

SMITH, Presiding Judge.

After Zachtarius Brown was arrested and charged by accusation with possession of cocaine, he filed a motion to suppress, which was granted after a hearing. The State appeals from that ruling, and we reverse.

1. Brown moves to dismiss the State’s appeal on the ground that no application for interlocutory appeal was filed. OCGA § 5-7-1 (a) (4) specifically permits the State to file a direct appeal after the grant of a motion to suppress evidence illegally obtained, if the motion was ruled on before jeopardy attached. Since that was the case here, the State was authorized…