Henry McMillon v. State

• Court: Court of Appeals of Georgia
• Decided: September 11, 2024
• Docket: A25A0284
• Status: Published

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.