Harless v. State

Court of Appeals of Georgia

Harless v. State

755 S.E.2d 814, 325 Ga. App. 868, 2014 Fulton County D. Rep. 485, 2014 WL 804065, 2014 Ga. App. LEXIS 91

CourtCourt of Appeals of Georgia

DecidedMarch 3, 2014

DocketA13A1761

StatusPublished

Cited by1 cases

This text of 755 S.E.2d 814 (Harless v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harless v. State, 755 S.E.2d 814, 325 Ga. App. 868, 2014 Fulton County D. Rep. 485, 2014 WL 804065, 2014 Ga. App. LEXIS 91 (Ga. Ct. App. 2014).

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Opinion

McFadden, Judge.

A jury found Tania Harless guilty of two counts — aggravated assault and aggravated battery—and she appeals her convictions on those counts. But a case is not final and ripe for appeal until a written sentence has been entered on each count of which a defendant was found guilty. See Keller v. State, 275 Ga. 680, 681 (571 SE2d 806) (2002); Bass v. State, 284 Ga. App. 331, 332 (643 SE2d 851) (2007). [869]*869Here, the trial court entered only a single written sentence of “20 (Twenty) years.” Because the trial court did not enter a written sentence on each count,

Decided March 3, 2014. Raina J. Nadler, for appellant. D. Victor Reynolds, District Attorney, Daniel J. Quinn, Assistant District Attorney, for appellee.

the case is still pending in the court below. Therefore, this case is removed from this court’s docket and remanded. With respect to [both] counts of which [Harless] was found guilty, the trial court is . . . directed to . . . enter a written sentence,... thereby in writing, disposing of [both] counts of which [Harless] was found guilty. After such entry, the case may be transmitted to this court for re-docketing because the notice of appeal, prematurely filed, then will have ripened.

Bass, 284 Ga. App. at 332 (citations omitted).

Case remanded with direction.

Doyle, P. J., and Boggs, J., concur.

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McFadden, Judge.

A jury found Tania Harless guilty of two counts — aggravated assault and aggravated battery—and she appeals her convictions on those counts. But a case is not final and ripe for appeal until a written sentence has been entered on each count of which a defendant was found guilty. See Keller v. State, 275 Ga. 680, 681 (571 SE2d 806) (2002); Bass v. State, 284 Ga. App. 331, 332 (643 SE2d 851) (2007). [869]*869Here, the trial court entered only a single written sentence of “20 (Twenty) years.” Because the trial court did not enter a written sentence on each count,

Decided March 3, 2014. Raina J. Nadler, for appellant. D. Victor Reynolds, District Attorney, Daniel J. Quinn, Assistant District Attorney, for appellee.

the case is still pending in the court below. Therefore, this case is removed from this court’s docket and remanded. With respect to [both] counts of which [Harless] was found guilty, the trial court is . . . directed to . . . enter a written sentence,... thereby in writing, disposing of [both] counts of which [Harless] was found guilty. After such entry, the case may be transmitted to this court for re-docketing because the notice of appeal, prematurely filed, then will have ripened.

Bass, 284 Ga. App. at 332 (citations omitted).

Case remanded with direction.

Doyle, P. J., and Boggs, J., concur.

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755 S.E.2d 814, 325 Ga. App. 868, 2014 Fulton County D. Rep. 485, 2014 WL 804065, 2014 Ga. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harless-v-state-gactapp-2014.

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