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MILLER v. THE STATE.

BEASLEY, Judge.

Miller's motion to dismiss his indictment for cocaine possession for failure to comply with OCGA § 42-6-20, Art. III (a) was denied by the trial court. Although Miller, who was represented by counsel, filed a pro se motion for certificate of immediate review, no certificate is contained in the record. The enumeration of error addresses only the OCGA § 42-6-20 issue. Miller and his counsel have agreed to waive his rights under OCGA § 42-6-20, Art. IV (c) in order to appeal the Art. III (a) question.

Because we conclude that this issue is one for which a certificate of immediate review and petition for interlocutory appeal were required, however, the appeal must be dismissed. OCGA § 5-6-34 (b); Webster v. State, 251 Ga. 465 ( 306 S.E.2d 916) (1983); see Price v. State, 237 Ga. 352 (2) ( 227 S.E.2d 368) (1976).

This is not a question involving speedy trial rights under OCGA § 17-7-170, which would be directly appealable. Hubbard v. State, 254 Ga. 694 ( 333 S.E.2d 827) (1985). Therefore, the appeal is dismissed.

Appeal dismissed. Deen, P. J., and Benham, J., concur.

DECIDED OCTOBER 30, 1986.
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MILLER v. STATE
(Oct 30, 1986)