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Palmer v. State

Court of Appeals of Georgia
Apr 26, 2023
No. A23I0182 (Ga. Ct. App. Apr. 26, 2023)

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.


Summaries of

Palmer v. State

Court of Appeals of Georgia
Apr 26, 2023
No. A23I0182 (Ga. Ct. App. Apr. 26, 2023)
Case details for

Palmer v. State

Case Details

Full title:DWIGHT PALMER v. THE STATE.

Court:Court of Appeals of Georgia

Date published: Apr 26, 2023

Citations

No. A23I0182 (Ga. Ct. App. Apr. 26, 2023)