Georgia Court of Appeals, 2022

Phillip N. Crawford, Jr. v. State

Phillip N. Crawford, Jr. v. State
Georgia Court of Appeals · Decided October 4, 2022

Phillip N. Crawford, Jr. v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ October 04, 2022 The Court of Appeals hereby passes the following order: A23A0349. PHILLIP N. CRAWFORD, JR. v. THE STATE.

In 2007, Phillip N. Crawford, Jr. was convicted of felony murder and sentenced to life in prison. Crawford filed a motion for new trial, which the trial court denied.

Crawford then filed this appeal. We, however, lack jurisdiction.

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 may be imposed for the crime of felony murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (c), (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (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”), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205 (III) (C) (i) (824 SE2d 265) (2019).

Accordingly, Crawford’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/04/2022 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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