Kevin Johnson v. State

• Court: Court of Appeals of Georgia
• Decided: August 25, 2016
• Docket: A17A0102
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 24, 2016

The Court of Appeals hereby passes the following order:

A17A0102. KEVIN JOHNSON v. THE STATE.

A jury found Kevin Johnson guilty of malice murder and other offenses. After the trial court denied his motion for a new trial, Johnson appealed to this Court. We lack jurisdiction. Under our Constitution, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of malice murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (a), (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 SE2d 711) (1984) (directing this Court to transfer “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”). Accordingly, Johnson’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 08/24/2016 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.