Ahmed Issa v. State ( 2016 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
January 21, 2016
The Court of Appeals hereby passes the following order:
A16A0698. AHMED ISSA v. THE STATE.
A jury found Ahmed Issa guilty of numerous offenses, including burglary and
aggravated assault. Issa filed a motion for new trial, which the trial court denied in
part and granted in part. Specifically, the trial court vacated three convictions. The
trial court specified it was not granting a new trial, but that Issa would be re-
sentenced. Issa filed a notice of appeal from the trial court’s ruling. We lack
jurisdiction.
Pursuant to OCGA § 5-6-34 (a) (1), a defendant has a right to directly appeal
a “final judgment[ ], that is to say, where the case is no longer pending in the court
below.” A “case is not final and ripe for appeal until a sentence has been entered on
each count of the indictment that was the subject of the trial.” See Keller v. State, 275
Ga. 680 (571 SE2d 806) (2002). Because Issa has not been re-sentenced, we lack
jurisdiction over this appeal, which is hereby DISMISSED.
Upon entry of the sentencing order, the superior court clerk is directed to
retransmit this appeal. Issa need not file a second notice of appeal as the prematurely
filed notice of appeal will ripen upon entry of the sentence. See McCulley v. State,
273 Ga. 40, 43 n.3 (537 SE2d 340) (2000).
Court of Appeals of the State of Georgia
01/21/2016
Clerk’s Office, Atlanta,____________________
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.