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STATE v. GOMEZ

No. A03A2347.

597 S.E.2d 509 (2004)

266 Ga.App. 423

The STATE v. GOMEZ.

Court of Appeals of Georgia.

March 22, 2004.

Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor-General, Gary S. Vey, Assistant Solicitor-General, for appellant.

Martin M. del Mazo, Atlanta, for appellee.

ELLINGTON, Judge.

In February 2002, the solicitor-general of Gwinnett County filed an accusation against Roberto Duran Gomez for driving under the influence of alcohol, OCGA § 40-6-391(a)(1) and (5), as well as other traffic violations. The trial court subsequently ordered that all evidence resulting from the traffic stop be excluded at trial, and the State appeals. We find the trial court erred in excluding the evidence, because Gomez's motion was both untimely...

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