Jermaine A. Davis v. State

• Court: Court of Appeals of Georgia
• Decided: February 20, 2014
• Docket: A14D0229
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ February 20, 2014

The Court of Appeals hereby passes the following order:

A14D0229. JERMAINE A. DAVIS v. THE STATE.

Jermaine Davis seeks discretionary review of the trial court’s order denying

his motion to dismiss the charges pending against him based upon alleged violations

of his constitutional speedy trial and due process rights.1 The Supreme Court of

Georgia has ruled that to obtain immediate appellate review of such an order, a

defendant must follow the interlocutory appeal procedures of OCGA § 5-6-34 (b).

Sosniak v. State, 292 Ga. 35 (2) (734 SE2d 362) (2012); see also Stevens v. State, 292

Ga. 218 (734 SE2d 743) (2012). Accordingly, Davis was required to follow the

interlocutory application procedures set forth in OCGA § 5-6-34 (b), which include

obtaining a certificate of immediate review from the trial court. OCGA § 5-6-35, the

discretionary appeal statute, does not excuse a party seeking appellate review of an

interlocutory order from complying with the additional requirements of OCGA § 5-6-

34 (b). See Bailey v. Bailey, 266 Ga. 832 (471 SE2d 213) (1996).

1 Because Davis has not included a copy of his motion with his application, the precise nature of his argument is not clear. Davis’s failure to comply with the interlocutory appeal procedures deprives us

of jurisdiction over this application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 02/20/2014 Clerk’s Office, Atlanta,__________________ 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.