State v. Fiorenzo, 325 Ga. App. 666

State filed an accusation against Fiorenzo on February 13, 2012, alleging he unlawfully sold a substance he represented as MDMA when it was not MDMA.
On April 27, 2012, Fiorenzo moved to raise entrapment and to reveal the confidential informant who aided the State.
On September 4, 2012, the informant-reveal hearing was continued to the trial date at Fiorenzo’s request.
March 13, 2013, a pre-trial hearing occurred; the court learned the State’s listed witness was not present but could respond with another officer.
The trial court dismissed the case ‘with jeopardy’ on the basis of the State’s purported failure to prosecute.
The State appealed under OCGA § 5-7-1(a)(1) challenging the jeopardy-based dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal with jeopardy was proper	State argues the dismissal was improper	Fiorenzo's position not expressly advanced in opinion	Jeopardy did not attach; dismissal with jeopardy was improper
Whether dismissal without prejudice and remand were appropriate	State argues the trial court erred in dismissing the case at all	Fiorenzo contends no prejudice or improper dismissal occurred	Court reversed and remanded for consideration under the current accusation

Alden v. State, 314 Ga. App. 439 (2012) (jeopardy requires arraignment, plea, and sworn jury; not shown here)
Neal v. State, 308 Ga. App. 551 (2011) (jeopardy not attached without a sworn jury)
State v. Brooks, 301 Ga. App. 355 (2009) (trial court may dismiss without prejudice to control proceedings)
State v. Grimes, 194 Ga. App. 736 (1990) (discretion to dismiss for want of prosecution without prejudice)
Rambert v. State, 322 Ga. App. 379 (2013) (reversed dismissal with prejudice; error to dismiss outright)