Ikenyo Shine v. State ( 2018 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
January 25, 2018
The Court of Appeals hereby passes the following order:
A18A1052. IKENYO SHINE v. THE STATE.
In March 2006, Ikenyo Shine pleaded guilty to felony murder and was
sentenced to life imprisonment. There is no record that Shine filed a direct appeal. On
January 9, 2007, Shine filed a motion to vacate a void sentence, which the trial court
denied. Shine then filed this direct appeal. We, however, lack jurisdiction.
Under our Constitution, the Supreme Court has appellate jurisdiction over
“[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga.
Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be
imposed for the crime of felony murder, jurisdiction is proper in the Supreme Court.
See OCGA § 16-5-1 (c), (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765)
(2012) (Hunstein, C. J., concurring). The Supreme Court’s jurisdiction over murder
cases includes appeals from orders resolving post-judgment motions in such cases.
See Simpson v. State, 292 Ga. 764, 764-765 (740 SE2d 124) (2013). Accordingly,
Shine’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
01/25/2018
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.