Home/Court of Appeals of Georgia/Holton v. State

Holton v. State

326 S.E.2d 240, 173 Ga. App. 249, 1985 Ga. App. LEXIS 1492
Court of Appeals of Georgia·Decided January 7, 1985·No. 69427·Published·Cited by 9 cases

Opinion

Beasley, Judge.

Defendant appeals the denial of his motion to suppress. Held:

Although the defendant obtained a certificate of review from the trial judge, he failed to make an application to this court for interlocutory review within 10 days after the grant of the certificate. Since an order denying a motion to suppress is not a final judgment (Cody v. State, 116 Ga. App. 331 (157 SE2d 496) (1967)), this appeal is premature and thus is subject to dismissal for failure to comply with OCGA [250] § 5-6-34 (b). Williams v. State, 148 Ga. App. 176 (251 SE2d 130) (1978).

Decided January 7, 1985. Philip L. Ruppert, for appellant. Robert E. Keller, District Attorney, William L. McKinnon, Jr., Assistant District Attorney, for appellee.

Appeal dismissed.

Birdsong, P. J., and Carley, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Holton v. State, 326 S.E.2d 240, 173 Ga. App. 249, 1985 Ga. App. LEXIS 1492 (Ga. Ct. App. 1985).

326 S.E.2d 240 (Holton v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Michael C. Jackson v. State
Court of Appeals of Georgia, 2023
Robert Oneal v. State
Court of Appeals of Georgia, 2023
Jorge Vazquez Vidal v. State
Court of Appeals of Georgia, 2021
Dewayman Harris v. State
Court of Appeals of Georgia, 2020
Brown v. the State
767 S.E.2d 299 (Court of Appeals of Georgia, 2014)
Andre Damian Williams v. State
Court of Appeals of Georgia, 2014
Genter v. State
460 S.E.2d 879 (Court of Appeals of Georgia, 1995)
Doe v. State
364 S.E.2d 78 (Court of Appeals of Georgia, 1987)