Michael Shane Huggins v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________

November 28, 2017 The Court of Appeals hereby passes the following order:

A18A0792. MICHAEL SHANE HUGGINS v. THE STATE.

Michael Shane Huggins, who has been charged with child molestation and multiple counts of aggravated sexual battery, filed a special demurrer to the indictment, asserting that the date range could be narrowed. The trial court denied the special demurrer, and Huggins 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). An order denying a special demurrer is not a final order. Rather, “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, 782 (437 SE2d 810) (1993). Because Huggins failed to 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,____________________

11/28/2017

I certi fy that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my si gnature and the seal of said court hereto affixed the day and year last above written.

, Clerk.