McGraw v. State

I respectfully dissent from the ruling on the merits because this case should be dismissed, but not for the reason advanced by the State.

The reason McGraw’s appellate brief is convoluted is because it is an ill-conceived attempt to obtain an interlocutory ruling on a direct appeal. There is no doubt that the right to a direct appeal is afforded when a plea of double jeopardy is denied. OCGA § 5-6-34 (a) (1); Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982). But defendant’s plea was, in its true nature, a vain effort to categorize the confiscation of the license which authorized her to…