Jerry Larry Collier v. State
Jerry Larry Collier v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,__________________ June 28, 2013 The Court of Appeals hereby passes the following order: A13I0257. JERRY LARRY COLLIER v. THE STATE.
On May 29, 2013, the trial court denied Jerry Collier’s motion to suppress evidence in a criminal case against him. Two days later on May 31, 2013, Collier filed a motion for a certificate of immediate review. On June 3, 2013, Collier filed this application for interlocutory review, which does not include a certificate of immediate review.
An order denying a motion to suppress is an interlocutory order. Thus, in order to obtain appellate review, Collier was required to follow the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b) by, among other things, obtaining a timely certificate of immediate review. Although Collier requested a certificate of immediate review, his application does not include the required certificate.1 Accordingly, we lack jurisdiction to consider this application, which is hereby DISMISSED.
Court of Appeals of the State of Georgia 06/28/2013 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.
The Supreme Court has crafted a very limited exception to the requirement of a certificate where the actions of the trial court have the effect of precluding appellate review of a substantive issue. See Waldrip v. Head, 272 Ga. 572, 575 (1) (532 SE2d 380) (2000). This does not appear to be one of the rare cases in which ignoring the certificate requirement is warranted.
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