Opinion
A22I0062
11-09-2021
GARY JAQUAN BAILEY v. THE STATE.
The Court of Appeals hereby passes the following order:
Gary Jaquan Bailey is facing prosecution in superior court, and he filed a motion to transfer the case to juvenile court. On October 1, 2021, the superior court denied the motion. The same day, Bailey obtained a certificate of immediate review, and he filed this application for interlocutory appeal on October 13, 2021. We, however, lack jurisdiction.
Under OCGA § 5-6-34 (b), an application for interlocutory appeal must be filed within ten days of the trial court granting a timely certificate of immediate review. See Center v. State, 218 Ga.App. 311, 311 (460 S.E.2d 879) (1995). The requirements of OCGA § 5-6-34 (b) are jurisdictional. See State v. Wheeler, 310 Ga. 72, 76 (3) (849 S.E.2d 401) (2020). Here, Bailey filed his application twelve days after the trial court entered the certificate of immediate review. The application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.