concurring specially.
I concur in Division 1 because OCGA § 17-7-93 does not, by its terms or its construction heretofore, apply to statements made in the initial appearance in the magistrate court. Although a statement to the contrary is made in Jones v. State, 174 Ga. App. 783, 784 (1) (331 SE2d 633) (1985), it is dicta. Compare Shoemake v. State, 213 Ga. App. 528 (445 SE2d 558) (1994).
I fully concur in Division 2.