Ernest Jamarre Lee v. State

• Court: Court of Appeals of Georgia
• Decided: August 26, 2021
• Docket: A22A0157
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 24, 2021

The Court of Appeals hereby passes the following order:

A22A0157. ERNEST JAMARRE LEE v. THE STATE.

Charged with two counts of child molestation and one count of enticing a child for indecent purposes, Ernest Jamarre Lee was initially granted pre-trial bond. In September 2020, the trial court granted the State’s motion to revoke Lee’s bond. Lee thereafter filed a motion to vacate the order revoking his bond. The trial court denied Lee’s motion to vacate, and he filed this appeal. We lack jurisdiction. Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below[.]” An order denying a motion to vacate the revocation of pre-trial bond is not a final judgment under OCGA § 5-6-34 (a) (1), as the case remains pending in the trial court. Consequently, Lee was required to comply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b), including obtaining a certificate of immediate review within ten days of the order and filing an application within ten days of the certificate. See Mullinax v. State, 271 Ga. 112, 112 (1) (515 SE2d 839) (1999); Howard v. State, 194 Ga. App. 857, 857 (392 SE2d 562) (1990). Lee’s failure to comply with the required procedure deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/24/2021 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.