Henry McMillon v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 11, 2024

The Court of Appeals hereby passes the following order: A25A0284. HENRY MCMILLON v. THE STATE.

In this criminal matter, Henry McMillon filed a motion to suppress certain evidence, which the trial court denied in March 2024. McMillon filed his direct appeal to challenge the order denying his motion to suppress by filing a notice of appeal in the trial court. The State has filed a motion to dismiss this appeal for failing to comply with the interlocutory appeal procedure.

An order denying a motion to suppress is not a final appealable order within the meaning of OCGA § 5-6-34 (a). See Genter v. State, 218 Ga. App. 311, 311 (460 SE2d 879) (1995) (finding a direct appeal from the denial of a motion to suppress was premature). Accordingly, McMillon was required to follow the interlocutory appeal procedure outlined in OCGA § 5-6-34 (b) by obtaining a certificate of immediate review from the trial court within ten days of entry of the order he seeks to appeal and filing a timely application for interlocutory review in this Court. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). His failure to do so deprives this Court of jurisdiction to consider his appeal. See Genter, 218 Ga. App. at 311. Accordingly, the State’s motion to dismiss is GRANTED and this direct appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/11/2024

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.