Court of Appeals of the State of Georgia ATLANTA,____________________ January 16, 2019 The Court of Appeals hereby passes the following order:

A19A0663. RYEDERIUS FERRELL v. THE STATE.

A jury found Ryederius Ferrell guilty of numerous counts, including armed robbery, kidnapping, assault, burglary, home invasion, and other offenses, and the trial court entered its final disposition. Ferrell subsequently filed a motion for out-of- time appeal, which the trial court granted, and a motion for new trial. The trial court denied Ferrell’s motion for new trial, but, in the same order, granted “on its own motion” a new trial as to the kidnapping count. Ferrell filed a direct appeal from this order. We, however, lack jurisdiction.

When the trial court grants a criminal defendant’s motion for new trial, the case is not final for purposes of filing a direct appeal. State v. Ware, 282 Ga. 676, 677 (653 SE2d 21) (2007). Because Ferrell’s criminal case remains pending before the trial court, Ferrell was required to use the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – to appeal. See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 (571 SE2d 806) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count). Ferrell’s failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/16/2019 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.