State v. Hipp

Miller, Judge.

Following a pre-trial evidentiary hearing, the trial court denied Mark Allen Hipp’s motion to dismiss based on immunity from prosecution under OCGA § 16-3-24.2. After a jury trial, Hipp was convicted of aggravated assault (OCGA § 16-5-21 (a) (2)) and simple battery (OCGA § 16-5-23 (a) (1)). Hipp subsequently filed a motion for new trial. The trial court found the evidence sufficient to sustain his convictions, but granted the motion on the basis that its pre-trial ruling on Hipp’s immunity motion was erroneous. The State appeals, contending that the trial court was not…