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Samuel Perez Herrerav.The State

CourtCourt of Appeals of Georgia
Docket No.A22A0184
DecidedApril 20, 2022
Reporter297 Ga. 810
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureDue ProcessStatutory InterpretationAppellate ProcedureVacaturRemand
Case Summary

Samuel Perez Herrera received a traffic citation for driving without a valid Georgia license. Before trial, the trial court ordered him to report to the sheriff’s office for fingerprinting or face possible arrest. Herrera challenged the order as unauthorized by Georgia law and unconstitutional. The Court of Appeals of Georgia vacated the order and remanded. The court held that the record did not show a prior conviction that would justify the applicable fingerprinting requirement and that the trial court had not properly addressed Herrera’s objections. Rather than decide issues the trial court had not resolved in the first instance, the appellate court directed it to consider the objections under the governing statutory framework.

Opinion

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Samuel Perez Herrera V. The State — The Atlanta Gleaner