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D.U.I. Fulton State Court. Before Judge Lambros.
Asinoff pleaded nolo contendere to an accusation charging him with driving under the influence of alcohol. The accusation bore the purported signature of James L. Webb, Solicitor General. Asinoff's plea was accepted and he was fined $350. Subsequently Asinoff learned that the accusation was not signed by Webb and filed a Petition for Writ of Error Coram Nobis. After a hearing at which the State stipulated that Webb did not sign the accusation, the trial court granted Asinoff's petition and set aside the judgment and sentence in his case. The State appealed the trial court's order granting Asinoff's petition. Asinoff filed a motion to dismiss the appeal on the ground that the State has no right under the provisions of OCGA 5-7-1 to appeal the trial court's order.
The State argues that Asinoff's petition for a writ of error coram nobis should be treated as a motion in arrest of judgment, which the State has a right to appeal. We do not agree.
State, 249 Ga. 261, 264 (1) (290 SE2d 87) (1982).
OCGA 5-7-1 sets forth the only instances in which the State may appeal an order, decision or judgment of a superior Court to the Court of Appeals, and there is no provision in that statute authorizing the State to appeal an order granting a writ of error coram nobis (or an extraordinary motion for a new trial). The statute must be construed strictly against the State in allowing appeals under the specific conditions provided by the legislature. State v. Clendinin, 136 Ga. App. 303 (221 SE2d 71) (1975); State v. Watson, 143 Ga. App. 785, 786 (2) (240 SE2d 194) (1977). Hence, appellee's motion is granted and the appeal is dismissed.
Charles R. Smith, for appellee.
James L. Webb, Solicitor, Christina A. Craddock, Assistant Solicitor, for appellant.
Thursday May 21 17:13 EDT

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