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.