Gregg v. the State

McFadden, Judge.

We granted Sharon Diane Gregg’s application for interlocutory appeal challenging an order entered by the Superior Court of Walker County denying her pretrial motion to compel concerning a subpoena duces tecum. Because the subpoena sought evidence relevant to Gregg’s sole defense, the trial court erred in denying the motion and we therefore reverse.

A Walker County prosecuting attorney entered an accusation against Gregg for one count of theft by taking (OCGA § 16-8-2). The state alleged that Gregg, a pharmacy employee, repeatedly removed currency from the pharmacy’s cash…