Kelly Roberts v. State
Kelly Roberts v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ March 19, 2015 The Court of Appeals hereby passes the following order: A15A1168. KELLY ROBERTS v. THE STATE.
Kelly Roberts pled guilty to felony murder, and he was sentenced to life in prison. Roberts then filed a direct appeal in this Court.
Under our Constitution, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of murder, jurisdiction is proper in the Supreme Court. See OCGA § 17-10-30 (b); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, J., concurring); see also State v. Thornton, 253 Ga. 524 (322 SE2d 711) (1984) (directing this Court to transfer “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”); McCrary v. State, 215 Ga. 887 (1) (114 SE2d 133) (1960). Accordingly, Roberts’s appeal is hereby TRANSFERRED to the Supreme Court for disposition. See McCrary, supra. Court of Appeals of the State of Georgia 03/19/2015 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.
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