State v. Outen

NAHMIAS, Justice.

We granted certiorari in this case to consider two issues: (1) whether the Court of Appeals erred in concluding that OCGA § 17-3-3 did not give the State six additional months to obtain a second indictment against appellee David Outen after the remittitur was filed following the State’s unsuccessful attempt to appeal the dismissal of the felony vehicular homicide (“FVH”) count of Outen’s first indictment; and (2) whether the Court of Appeals erred in concluding that the FVH count of the second indictment did not relate back to the date of the first indictment. As explained…