State v. Luttrell

Johnson, Judge.

Joanna Mae Luttrell was charged by accusation with criminal trespass. The case was scheduled for trial before a judge sitting without a jury. When the State’s witnesses failed to appear for trial, Luttrell made a motion to dismiss the charge for want of prosecution. The trial court granted the motion and entered an order dismissing the charge with prejudice for want of prosecution. The State appeals from the order, arguing that the court had no authority to dismiss the charge with prejudice.

The instant case, unlike State v. Fly, 193 Ga. App. 190 (387 SE2d 347) (1989), does not…