Courtney Jamal Clinton v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 23, 2015

The Court of Appeals hereby passes the following order:

A16A0571. COURTNEY JAMAL CLINTON v. THE STATE.

Following a bench trial, the court entered a verdict finding Courtney Jamal Clinton guilty of habitually impaired driving and three other offenses to which Clinton stipulated guilt. However, the trial court expressly withheld sentencing until a later time. Clinton then filed this direct appeal. We lack jurisdiction because the challenged order is interlocutory.

Although the trial court found Clinton guilty, it has not entered a judgment of conviction and has not imposed a sentence. Accordingly, the case remains pending below, and Clinton was required to follow the interlocutory appeal procedures of OCGA § 5-6-34 (b) to obtain appellate review at this time. See Keller v. State, 275 Ga. 680 (571 SE2d 806) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence); Crolley v. State, 182 Ga. App. 2 (1) (354 SE2d 864) (1987) (a criminal proceeding is pending until the court enters a written sentence). Clinton’s failure to follow the requisite procedures deprives us of jurisdiction to consider his appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 12/23/2015

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.