Opinion
A23A0340
06-06-2023
THE STATE v. KENNY MILLER.
The Court of Appeals hereby passes the following order:
Kenny Miller was charged with armed robbery and other crimes. The trial court entered an order setting trial for July 25, 2022, and providing that if the case was not reached for trial for any reason that week, the case would be re-set for trial on August 22, 2022. On July 25, 2022, Miller filed a motion in limine, noting inter alia alleged discovery violations by the State. The trial court granted Miller's motion, and the State filed this appeal pursuant to OCGA § 5-7-1 (a) (5). Miller has filed a motion to dismiss the appeal.
OCGA § 5-7-1 (a) (5) does not authorize this appeal, because the motion on which the order was based was filed fewer than 30 days prior to the scheduled start of trial. See State v. Carswell, 367 Ga.App. 293, 296 (__ S.E.2d __) (2023); State v. Petty, 362 Ga.App. 825, 830 (870 S.E.2d 241) (2022). Because no statutory provision authorizes this appeal, the motion to dismiss is hereby GRANTED, and the appeal is hereby DISMISSED. See State v. Caffee, 291 Ga. 31, 33 (2) (728 S.E.2d 171) (2012).