Tania Harless v. State

• Court: Court of Appeals of Georgia
• Decided: March 3, 2014
• Docket: A13A1761
• Status: Published

Opinion

FOURTH DIVISION DOYLE, P. J., MCFADDEN and BOGGS, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/

March 3, 2014

In the Court of Appeals of Georgia A13A1761. HARLESS v. THE STATE.

MCFADDEN, Judge.

A jury found Tania Harless guilty of two counts – aggravated assault and

aggravated battery – and she appeals her convictions on those counts. But a case is

not final and ripe for appeal until a written sentence has been entered on each count

of which a defendant was found guilty. See Keller v. State, 275 Ga. 680, 681 (571

SE2d 806) (2002); Bass v. State, 284 Ga. App. 331, 332 (643 SE2d 851) (2007).

Here, the trial court entered only a single written sentence of “20 (Twenty) years.”

Because the trial court did not enter a written sentence on each count,

the case is still pending in the court below. Therefore, this case is removed from this court’s docket and remanded. With respect to [both] counts of which [Harless] was found guilty, the trial court is directed to . . . enter a written sentence, . . . thereby in writing, disposing of [both] counts of which [Harless] was found guilty. After such entry, the case may be transmitted to this court for re-docketing because the notice of appeal, prematurely filed, then will have ripened.

Bass, 284 Ga. App. at 332 (citations omitted).

Case remanded with direction. Doyle, P. J., and Boggs, J., concur.