The State v. Smith.

Dillard, Chief Judge.

*289 Diante Jermaine Smith was indicted on charges of aggravated assault and reckless conduct. Smith filed a motion to dismiss the charges on grounds of immunity from prosecution, which the trial court granted following a hearing. The State appeals from the dismissal, arguing that the trial court erred by (1) hearing Smith's motion after the start of trial and (2) granting the motion when there was no evidence that Smith defended himself within the meaning of OCGA § 16-3-21. For the reasons set forth infra , we affirm.

*89 Viewing the record in the light most favorable to the…