State v. Leatherwood

ELLINGTON, Presiding Judge.

Pursuant to OCGA § 5-7-1 (a) (1), the State of Georgia appeals from an order of the State Court of Clayton County, which granted Ed Daniel Leatherwood’s special demurrer as to all six counts of the accusation against him. The State contends that the trial court erred in dismissing Counts 1, 2, and 5 of the accusation.1 We agree and reverse the trial court’s order with respect to those counts.

*731We review rulings on special demurrers de novo. State v. Pittman, 302 Ga. App. 531 (690 SE2d 661) (2010). Moreover, we do not conduct a harmless error analysis to determine if…