Opinion
A22A0706
01-13-2022
WILLIE FLETCHER v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2012, a jury found Willie Fletcher guilty of armed robbery, aggravated assault, and possession of a firearm during the commission of a felony. The trial court placed the final charge against Fletcher, possession of a firearm by a convicted felon, on the dead docket. Following entry of his sentence, Fletcher filed a motion for new trial. On April 5, 2021, the trial court denied Fletcher's motion for new trial, and Fletcher filed this appeal. We, however, lack jurisdiction.
In Seals v. State, 311 Ga. 739, 741 (2) (860 S.E.2d 419) (2021), the Supreme Court determined that a criminal case in which charges have been dead-docketed is non-final for purposes of appeal. Accordingly, in order to appeal the denial of his motion for new trial, Fletcher was required to comply with the interlocutory appeal procedure and obtain a certificate of immediate review. Id.; OCGA § 5-6-34 (b). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.