Georgia Court of Appeals, 2017

Eric Jeffrey Rivere v. State

Eric Jeffrey Rivere v. State
Georgia Court of Appeals · Decided March 22, 2017

Eric Jeffrey Rivere v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ March 22, 2017 The Court of Appeals hereby passes the following order: A17A1254. ERIC JEFFREY RIVERE v. THE STATE.

Eric Jeffrey Rivere, who has been charged with rape, aggravated sexual battery and multiple counts of child molestation, filed a special demurrer to the indictment, asserting that it failed to set forth a specific date or specific dates when the alleged crimes occurred. The trial court denied the special demurrer, and Rivere filed this direct appeal.

As a general rule, a right of direct appeal lies from a final judgment; that is, where the case is no longer pending below.1 See OCGA § 5-6-34 (a) (1). And “objections to overruling a special demurrer are reviewable by the appellate courts under the interlocutory appeal procedures of OCGA § 5-6-34 (b), or after conviction.”

Ivey v. State, 210 Ga. App. 782 (437 SE2d 810) (1993). Because Rivere failed to

The Supreme Court has created limited exceptions to this rule. See Hubbard v. State, 254 Ga. 694 (333 SE2d 827) (1985) (statutory speedy trial claim); Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982) (double jeopardy). Here, Rivere has not asserted a statutory speedy trial claim or a claim of double jeopardy. comply with this Court’s interlocutory procedures, this premature appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/22/2017 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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