Holton v. State

Court of Appeals of Georgia

Holton v. State

326 S.E.2d 240, 173 Ga. App. 249, 1985 Ga. App. LEXIS 1492

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1985

Docket69427

StatusPublished

Cited by9 cases

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

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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]*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.

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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]*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.

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326 S.E.2d 240, 173 Ga. App. 249, 1985 Ga. App. LEXIS 1492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holton-v-state-gactapp-1985.

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