Roderick Howard v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 01, 2014

The Court of Appeals hereby passes the following order:

A14A1106. RODERICK HOWARD v. THE STATE.

Roderick Howard was indicted for burglary in 1995, and his case was placed on the dead docket in 1996. Years later, he filed a motion to dismiss the indictment on speedy-trial grounds. The trial court denied his motion, and Howard filed this direct appeal. We, however, lack jurisdiction. Although Howard’s case has been dead-docketed, it apparently has not been dismissed. See State v. Creel, 216 Ga. App. 394 (454 SE2d 804) (1995). Because the case remains pending below, the trial court’s order rejecting his speedy-trial claim was interlocutory. See Sosniak v. State, 292 Ga. 35 (2) (734 SE2d 362) (2012). Accordingly, Howard was required to follow the interlocutory appeal procedures of OCGA § 5-6-34 (b) to obtain immediate appellate review. Because Howard failed to follow the required appellate procedure, his appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 04/01/2014 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.