Opinion
A23I0182
04-26-2023
DWIGHT PALMER v. THE STATE.
The Court of Appeals hereby passes the following order:
On March 7, 2023, the trial court denied Dwight Palmer's motion for immunity from prosecution under OCGA § 20-2-1001 (b). The trial court certified its order for immediate review on March 14, 2023, and Palmer filed this application for interlocutory appeal on March 27, 2023. 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's certificate of immediate review. Genter v. State, 218 Ga.App. 311, 311 (460 S.E.2d 879) (1995). The statutory requirements for interlocutory review are jurisdictional. State v. Wheeler, 310 Ga. 72, 76 (3) (849 S.E.2d 401) (2020). Because Palmer filed his application thirteen days after the trial court entered its certificate of immediate review, the application is untimely. Accordingly, we lack jurisdiction to consider this application, which is hereby DISMISSED.