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Gregg v. State

The trial court erred in denying the defendant's motion to compel compliance with a subpoena duces tecum because the subpoena sought evidence relevant to her sole defense.

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We granted Sharon Diane Gregg’s application for interlocutory appeal challenging an order entered by the Superior Court of Walker County denying her pretrial motion to compel concerning a subpoena duces tecum. Because the subpoena sought evidence relevant to Gregg’s sole defense, the trial court erred in denying the motion and we therefore reverse.

A Walker County prosecuting attorney entered an accusation against Gregg for one count of theft by taking OCGA § 16-8-2. The state alleged that Gregg, a pharmacy employee, repeatedly removed currency from the pharmacy’s cash register for her personal benefit. Gregg contends that the owner of the pharmacy instructed her to remove funds from the cash register in order to pay visiting pharmacists and to conduct other business of the pharmacy, including the purchase of employee lunches. As part of her defense, Gregg issued a subpoenas duces tecum that sought

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