Deonta David v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 24, 2024

The Court of Appeals hereby passes the following order:

A24A0697. DEONTA DAVID v. THE STATE.

In 2021, Deonta David was indicted on multiple charges including murder.

David, who is representing himself, has filed in several pre-trial motions. On October 30, 2023, the trial court entered a “Second Omnibus Order” on David’s motions. David then filed this appeal.

The Supreme Court of Georgia 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 crimes of felony murder and malice murder, jurisdiction lies in the Supreme Court. See OCGA § 16-5-1 (c), (e) (1); State v. Murray, 286 Ga. 258, 259 (1) 687 S.E.2d 790 (2009) (where the murder count of an indictment remains pending, jurisdiction of an appeal from a pre-conviction order lies in the Supreme Court); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 SE2d 711) (1984) (directing this Court to transfer to the Supreme Court “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder, and all pre-conviction appeals in murder cases”), overruled on other grounds, Elliott v. State, 305 Ga. 179, 205 (III) (C) (i) (824 SE2d 265) (2019).

Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/24/2024

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.