Danny Mitchell Bowmen v. State
Danny Mitchell Bowmen v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,__________________ May 20, 2014 The Court of Appeals hereby passes the following order: A14I0181. DANNY MITCHELL BOWMEN v. THE STATE.
On February 28, 2014, the trial court denied Danny Mitchell Bowmen’s motion to suppress evidence. Bowmen timely filed a motion for reconsideration of the ruling, which the trial court denied on April 8, 2014. Although the trial court signed a certificate of immediate review on April 16, 2014, Bowmen did not file his application until April 30, 2014. We lack jurisdiction.
Under OCGA § 5-6-34 (b), an application for interlocutory appeal is valid only if filed within 10 days of the date that a timely certificate of immediate review is entered in the court below. See Genter v. State, 218 Ga. App. 311 (460 SE2d 879) (1995). Because this application was filed 14 days after entry of the certificate of immediate review, it is untimely.1 This application is therefore DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia 05/20/2014 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 tenth day after the filing of the application fell on a Saturday and the following Monday, April 28, 2014, was a state holiday. The application should have been filed on the following day.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.