Charles Frederick Tucker v. State

• Court: Court of Appeals of Georgia
• Decided: February 11, 2019
• Docket: A19A1150
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 24, 2019

The Court of Appeals hereby passes the following order:

A19A1150. CHARLES FREDERICK TUCKER v. THE STATE.

Charles Tucker pled guilty to felony murder and other offenses, and the trial court imposed a sentence of life in prison on the felony murder conviction. After the trial court denied his motion for reconsideration of the denial of his motion for an out- of-time appeal, Tucker filed a notice of appeal in which he asserted that jurisdiction over the appeal lies in the Supreme Court. The appeal nevertheless was transmitted to this Court. We lack jurisdiction. 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 may 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); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 SE2d 711) (1984) (directing this Court to transfer “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”). Accordingly, Tucker’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/24/2019 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.