Sylvester Leon Henderson v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 22, 2016

The Court of Appeals hereby passes the following order:

A16A1223. SYLVESTER LEON HENDERSON v. THE STATE.

Sylvester Leon Henderson pled guilty to felony murder. He subsequently filed a motion for out-of-time appeal, which the trial court denied. Henderson filed this direct appeal. Under our Constitution, however, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of murder, jurisdiction is proper in the Supreme Court. See OCGA § 17-10-30 (b); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, J., concurring); see also State v. Thornton, 253 Ga. 524 (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, Henderson’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 03/22/2016

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.