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Welborn v. State

Court of Appeals of Georgia
Apr 18, 2023
No. A23A0928 (Ga. Ct. App. Apr. 18, 2023)

Opinion

A23A0928

04-18-2023

JASON WELBORN v. THE STATE.


The Court of Appeals hereby passes the following order:

Jason Welborn pled guilty to murder and was sentenced to life imprisonment. He subsequently filed motions for an out-of-time appeal and to withdraw his guilty plea. The trial court denied the motions, and Welborn filed this appeal.

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." See 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 § 17-10-30 (b); Neal v State, 290 Ga 563, 572 (722 S.E.2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 S.E.2d 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").

Accordingly, this case is hereby TRANSFERRED to the Supreme Court for disposition.


Summaries of

Welborn v. State

Court of Appeals of Georgia
Apr 18, 2023
No. A23A0928 (Ga. Ct. App. Apr. 18, 2023)
Case details for

Welborn v. State

Case Details

Full title:JASON WELBORN v. THE STATE.

Court:Court of Appeals of Georgia

Date published: Apr 18, 2023

Citations

No. A23A0928 (Ga. Ct. App. Apr. 18, 2023)