State v. Brady Jones

• Court: Court of Appeals of Georgia
• Decided: March 10, 2025
• Docket: A25I0164
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 10, 2025

The Court of Appeals hereby passes the following order:

A25I0164. THE STATE v. BRADY JONES.

The State charged Brady Jones with murder in the second degree and other offenses. Jones filed a motion to transfer his case to the juvenile court pursuant to OCGA § 17-7-50.1 (b), which the trial court granted. After obtaining a certificate for immediate review, the State filed this interlocutory application. The trial court’s order is subject to direct appeal under OCGA § 5-7-1 (a) (7), which permits the State to appeal from “ an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to. . . subsection (b) of Code Section 17-7-50.1.” See State v. Harris, 319 Ga. 665, 666 (906 SE2d 402) (2024). Moreover, pursuant to OCGA § 5-7-2 (b) (2), the State was not required to obtain a certificate of immediate review. This Court will grant an otherwise timely application for interlocutory appeal if the lower court’s order is subject to direct appeal. Spivey v. Hembree, 268 Ga. App. 485, 486, n. 1 (602 SE2d 246) (2004). Accordingly, this application is hereby GRANTED. The State shall have ten days from the date of this order to file a notice of appeal with the trial court if it has not already done so. See OCGA § 5-6-34 (b).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/10/2025 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.