PHIPPS, Judge.
The state appeals an order of the Superior Court of Gwinnett County dismissing two counts of a five-count indictment against Omar Miller based on the state's destruction of potentially exculpatory evidence. Initially, the court announced that it would give the jury a remedial instruction on spoliation of evidence rather than grant Miller's motion to dismiss, because it did not appear that the state had acted in bad faith in destroying the evidence....
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