Court of Appeals of the State of Georgia ATLANTA,____________________ August 06, 2019 The Court of Appeals hereby passes the following order: A19A2441. MARCUS MOORE v. THE STATE.

A jury found Marcus Moore guilty of two counts of malice murder and other crimes.1 Moore subsequently filed a pro se motion for out-of-time appeal, which the trial court dismissed. Moore appealed this ruling, and the appeal was transmitted to this Court.2 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.” 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 § 16-5-1 (a), (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring). Accordingly, Moore’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Rather than proceeding to the penalty phase of the trial, Moore entered a negotiated plea to a life sentence. The Supreme Court addressed the validity of the sentence in Moore v. State, 293 Ga. 705 (749 SE2d 660) (2013).

Moore’s notice of appeal purports to direct the appeal to the United States Court of Appeals for the Eleventh Circuit. But the notice of appeal also provides that “[t]he Court of Appeals of Georgia[] has jurisdiction over this appeal.” We have construed this notice of appeal liberally as we are required to do. See OCGA § 5-6- 30.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/06/2019 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.