Sears v. State

Beasley, Judge.

Sears was charged with driving under the influence in violation of OCGA § 40-6-391 (a) (1) & (4) and was to be tried by the probate court pursuant to OCGA § 40-13-21. He filed a “Motion to Dismiss and Plea in Bar” which was denied after a hearing. Sears appealed to the superior court, which held that the appeal was untimely filed because the case had not reached final disposition in the probate court. It transferred the case back for final disposition.

Did the court err in deciding the appeal was premature? Appellant relies solely on OCGA § 5-3-2, without further argument,…