State v. RAMIREZ-HERRARA

727 S.E.2d 253, 315 Ga. App. 635, 2012 Fulton County D. Rep. 1449, 2012 Ga. App. LEXIS 395

Opinion

DOYLE, Presiding Judge.

In State v. Ramirez-Herrara, 1 we reversed the grant of a general demurrer to five counts of a twelve-count indictment. Thereafter, the Supreme Court of Georgia decided State v. Outen, 2 in which that Court explained that the State must secure a certificate of immediate review in order to appeal an order granting a special demurrer. 3 Based on its opinion in Outen, the Supreme Court granted the petition for a writ of certiorari in this case and remanded it back to this Court for further consideration. 4

Because the State was required to obtain a certificate of immediate review before proceeding, this Court lacked jurisdiction to review the trial court’s order granting the general demurrer. 5 Accordingly, we vacate our prior judgment in this case and dismiss the appeal.

Appeal dismissed.

Ellington, C. J., and Andrews, J., concur.

1 306 Ga. App. 878 (703 SE2d 429) (2010).

2 289 Ga. 579 (714 SE2d 581) (2011).

3 Id. at 581.

4 See Ramirez-Herrara v. State, Case No. S11C0535 (September 6, 2011) (unpublished).

5 See OCGA §§ 5-7-1 (a) (1), 5-7-2 (a); Outen, 289 Ga. at 582-583.