State v. Oliver

Birdsong, Presiding Judge.

The State appeals from the trial court’s order which dismissed a count of an indictment alleging John Bradley Oliver violated OCGA § 40-5-58 (c) because the 1990 amendment to OCGA § 40-5-58 eliminated convictions for driving on a suspended license as one of the offenses for which one could be declared an habitual violator. See Galletta v. Hardison, 168 Ga. App. 36 (308 SE2d 47). The record shows that Oliver was indicted for operating a motor vehicle on May 18, 1991, within five years after he had been declared an habitual violator under the provisions of OCGA §…