McIntyre v. State

Beasley, Judge.

Defendant was charged with possession of more than one ounce of marijuana (OCGA § 16-13-30 (a)) as a result of a search pursuant to a warrant of the home occupied by her and Clarence McIntyre. The indictment was returned on April 21, 1988. On May 17 she filed her motion to suppress contesting the sufficiency of the affidavit upon which the warrant was issued and further requesting return of the items seized, including $59,100 in cash.

On June 2 a motion for nolle prosequi was filed and granted. OCGA § 17-8-3. Defendant was unaware of that order until her hearing on June 7 on her…