State v. Outen, 289 Ga. 579

Summary

The Supreme Court of Georgia held that the State's appeal from an order granting a special demurrer as to one count of a multi-count indictment was not properly before the Court of Appeals. Because another count remained pending, the trial court's order was nonfinal and required a certificate of immediate review under OCGA § 5-7-2. The court vacated the Court of Appeals' judgment and remanded with direction to dismiss the appeal.

Holdings

1. Because the trial court's order dismissed only Count One and Count Two remained pending, the order was not final, and OCGA § 5-7-2 required the trial judge to issue a certificate of immediate review within ten days. The State's failure to obtain that certificate deprived the appellate courts of jurisdiction.
2. The Court of Appeals erred by affirming the trial court's order because it lacked jurisdiction over the State's appeal. The Supreme Court vacated the Court of Appeals' judgment and remanded with direction that the appeal be dismissed.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over the State's appeal from an order granting a special demurrer as to one count of a multi-count indictment when another count remained pending and the State had not obtained a certificate of immediate review.
2. Whether an order dismissing one count of a multi-count indictment is final under OCGA § 5-7-2 when other counts remain pending.

Disposition

vacated