The State v. Hasson
334 Ga. App. 1
| Ga. Ct. App. | 2015Background
- Lawrence Hasson was charged in DeKalb County with multiple traffic and DUI offenses after an Atlanta PD officer stopped his vehicle near the Fulton–DeKalb county line following a 911 call.
- Officers initiated contact on the Fulton side; the vehicle crossed Moreland (the county line) and was stopped at Ponce and Springdale in DeKalb County, where the DUI investigation and arrest occurred.
- Hasson filed a pretrial “Motion to Challenge Venue,” arguing venue was improper in DeKalb County and requesting transfer to Fulton County.
- The DeKalb trial court issued an order titled “Order Denying Defendant’s Motion to Suppress,” but functionally granted Hasson’s venue challenge and indicated venue lay in Fulton County.
- The State appealed, arguing the trial court erred by resolving venue pretrial and that venue is a jurisdictional fact for the jury to decide.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue may be resolved pretrial by the trial court and result in transfer/dismissal | State: venue must be proved at trial; venue is a jurisdictional fact for the finder of fact | Hasson: venue is improper in DeKalb and case should be transferred to Fulton | Court: Trial court erred; venue is for the finder of fact at trial, so pretrial determination granting transfer was improper; reverse and remand |
| Proper characterization of defendant’s motion and court order | State: motion functioned as venue challenge, not suppression | Hasson: labeled his pleading as a venue challenge; court treated it like suppression | Court: Substance controls over labels; motion was a substantive venue challenge; court mischaracterized order but substance showed venue determination |
| Whether the order actually dismissed the indictment or suppressed evidence | State: order did not dismiss indictment and trial court lacked jurisdiction to grant suppression | Hasson: court’s order granted his motion (titled suppression) | Court: Order functioned as per se venue determination granting transfer; error because venue must be proven at trial |
| Effect of State filing notice of appeal before trial court reconsideration | State: appeal timely despite pending reconsideration motion | Hasson: trial court lost jurisdiction once appeal filed | Court: Not reached as reversal based on venue error; noted that filing notice of appeal before reconsideration deprived trial court of jurisdiction per Heard v. State |
Key Cases Cited
- Moon v. State, 287 Ga. 304 (pretrial change of venue standard under OCGA § 17-7-150)
- Jones v. State, 329 Ga. App. 439 (venue is an essential element the State must prove)
- Graham v. State, 275 Ga. 290 (whether venue is proved is for the jury)
- State v. Al-Khayyal, 322 Ga. App. 718 (scope of pretrial dismissal for lack of venue)
- Heard v. State, 280 Ga. 348 (trial court loses jurisdiction when notice of appeal filed before reconsideration ruling)