Georgia Court of Appeals, 2012

State v. RAMIREZ-HERRARA

State v. RAMIREZ-HERRARA
Georgia Court of Appeals · Decided April 13, 2012 · Doyle, Ellington, Andrews
727 S.E.2d 253; 315 Ga. App. 635; 2012 Fulton County D. Rep. 1449; 2012 Ga. App. LEXIS 395 (South Eastern Reporter, Second Series)

State v. RAMIREZ-HERRARA

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See Ramirez-Herrara v. State, Case No. S11C0535 (September 6, 2011) (unpublished).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

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