Geoffrey Craig Pickens v. State ( 2016 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 16, 2016
The Court of Appeals hereby passes the following order:
A16I0262. GEOFFREY CRAIG PICKENS v. THE STATE.
After a hearing on March 28, 2016, the trial court entered an order on June 23,
2016, in which it denied the motions to suppress filed by Geoffrey Craig Pickens.
The trial court entered a certificate of immediate review on July 12, 2016,1 and
Pickens filed this application for interlocutory appeal on July 21, 2016. We,
however, lack jurisdiction.
Under OCGA § 5-6-34 (b), a party may request interlocutory review only if the
trial court certifies within ten days of entry of the order at issue that immediate review
should be had. If the certificate of immediate review is not entered within that ten-
day period, it is untimely, and the party seeking review must wait until the final
judgment to appeal. See OCGA § 5-6-34 (b); Turner v. Harper, 231 Ga. 175, 176
(200 SE2d 748) (1973). Here, the trial court did not enter its certificate of immediate
review within ten days of the order Pickens seeks to appeal. Accordingly, we lack
1
In the certificate of immediate review, the trial court’s order indicates that the
motions were denied on July 14, 2014. Based on the application materials, however,
that date appears to be incorrect.
jurisdiction to consider this application for interlocutory appeal, which is therefore
DISMISSED.
Court of Appeals of the State of Georgia
08/16/2016
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.