Opinion
A22A0524
11-12-2021
ITHEMAS LAVONE ANDERSON v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2017, a jury found Ithemas Lavone Anderson guilty of two counts of armed robbery. The jury was unable to reach a verdict on two other counts of armed robbery, and the trial court declared a mistrial on those charges. Following entry of his sentence, Anderson filed a motion for new trial. While the motion was pending, the trial court placed the two mis-tried armed robbery charges on the dead docket. On August 2, 2021, the trial court denied Anderson's motion for new trial, and Anderson filed this appeal. We, however, lack jurisdiction.
The trial court directed a verdict on a charge of lottery ticket fraud, and an order of nolle prosequi was entered on a charge of possession of a firearm by a convicted felon.
In Seals v. State, the Supreme Court determined that a criminal case in which charges have been dead-docketed is not final for purposes of appeal. See Seals v. State, 311 Ga. 739, ___ (2) (860 S.E.2d 419) (2021). Accordingly, in order to appeal the denial of his motion for new trial, Anderson was required to comply with the interlocutory appeal procedure and obtain a certificate of immediate review. Id.; OCGA § 5-6-34 (b). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.