Home/Supreme Court of Georgia/Senase v. State

Senase v. State

372 S.E.2d 813, 258 Ga. 592
CourtSupreme Court of Georgia
DecidedOctober 20, 1988
Docket45657
StatusPublished
Cited by18 cases

This text of 372 S.E.2d 813 (Senase v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Senase v. State, 372 S.E.2d 813, 258 Ga. 592 (Ga. 1988).

Opinion

Bell, Justice.

After the appellant, Roger Fred Señase, was convicted and sentenced for trafficking in cocaine, OCGA § 16-13-31, he appealed to the Georgia Court of Appeals. The Court of Appeals transferred his appeal to this court, apparently 1 because his enumeration of errors included several constitutional challenges to § 16-13-31. However, our review of the record shows that Señase did not raise these constitutional issues in the trial court, and hence has forfeited the right to raise them on appeal. Arp v. State, 249 Ga. 403 (1) (291 SE2d 495) (1982).

The basis of this court’s jurisdiction to review the judgment complained of being predicated upon the drawing into question of the constitutionality of a statute of this State and the record failing to show that such point was passed upon by the trial judge, this court is without jurisdiction. The case is therefore transferred to the Court of Appeals. [Cits.]

Undercofler v. United States Steel Corp., 219 Ga. 264 (133 SE2d 11) (1963).

Transferred to the Court of Appeals.

All the Justices concur.
1

The transfer order of the Court of Appeals did not specify the reason for transfer.

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Bluebook (online)
372 S.E.2d 813, 258 Ga. 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senase-v-state-ga-1988.