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The Statev.Nakia A. Dorsey

CourtCourt of Appeals of Georgia
Docket No.A17A0108
DecidedJune 14, 2017
Reporter314 Ga. App. 20
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureStatutory InterpretationDue ProcessReversalRemand
Case Summary

Nakia Dorsey, a former sheriff’s deputy, was indicted for false imprisonment, sexual battery, and simple battery arising from incidents involving two women. The trial court dismissed all counts after granting Dorsey’s plea in bar and motions to dismiss. The State appealed, arguing that the misdemeanor counts were timely and that the false-imprisonment counts should not have been dismissed for alleged noncompliance with Georgia notice requirements. The Georgia Court of Appeals affirmed dismissal of the three misdemeanor counts because the prosecution was barred by the applicable limitation period. It reversed dismissal of the false-imprisonment counts, holding that the State’s notice and charging allegations were sufficient to permit those counts to proceed. The court therefore affirmed in part and reversed in part. A separate concurrence agreed with the limitations analysis and addressed the State’s authority to appeal.

Opinion

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