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The State v. Brooks

The trial court abused its discretion to the extent that it was attempting to dismiss the state's accusation against the defendant for disorderly conduct and simple battery without prejudice, since the record showed no want of prosecution.

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By order dated December 11, 2008, the trial court dismissed the State’s accusation against Tameka Brooks charging her with disorderly conduct OCGA § 16-11-39 and simple battery OCGA § 16-5-23. The State now appeals , arguing that the trial court’s order impermissibly interfered with the State’s right to prosecute criminal cases. We agree and reverse. “When . . . questions of law are at issue, as here, we owe no deference to the trial court’s rulings and apply the ‘plain legal error’ standard of review. Cit.” Suarez v. Halbert , 246 Ga. App. 822, 824 1 543 SE2d 733 2000.

The record shows that Brooks was arrested on February 14, 2008 after she allegedly became involved in a fight with a student on the grounds of McNair High School. On April 25, 2008, the State filed its accusation against Brooks. Brooks entered a plea of not guilty, and the case was set for a calendar call on June 13, 2008. Prior thereto, the State provided its sentencing recommendation, which included six hours imprisonment, with credit for time served, no contact with the student involved in the fight, and anger management classes. The State also represented that it “would consider a hold for 6 months under the same terms” but “would not agree to expungement.” At the calendar call, the case was set for trial on June 24, 2008 and later reset for June 30, 2008.

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