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STATE v. SMITH

No. S97A0416.

485 S.E.2d 491 (1997)

268 Ga. 75

The STATE v. SMITH.

Supreme Court of Georgia.

June 2, 1997.

Attorney(s) appearing for the Case

Thomas J. Charron, Dist.Atty., Debra Halpern Bernes, Nancy I. Jordan, Asst.Dist.Attys., Cobb County District Attorney's Office, Marietta, Michael J. Bowers, Atty.Gen., Department of Law, Atlanta, for State.

John Benjamin Sumner, Flint & Sumner, Acworth, for Mark Steven Smith.

John T. Morgan, III, Dist.Atty., Decatur, for other interested parties.

SEARS, Justice.

The initial and dispositive question raised by this appeal is whether the State has the right to appeal the order of the trial court disqualifying the Cobb County District Attorney's Office from prosecuting the appellee, Mark Steven Smith. We conclude that the trial court's order does not fall within the limited number of cases in which the State has the right to appeal. Accordingly, we dismiss the appeal.

There is no right to appeal granted...

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