Opinion
A25I0053
10-11-2024
RAJAN RONNELL CHILDS v. THE STATE.
The Court of Appeals hereby passes the following order:
Rajan Ronnell Childs filed the instant application for interlocutory appeal, challenging the trial court's denial of his motion for discharge and acquittal, filed pursuant to OCGA § 17-7-170. "The denial of a motion for acquittal based on a constitutional speedy trial violation [requires] compliance with the interlocutory appeal procedures. However, the denial of a motion for acquittal on statutory speedy trial grounds is immediately appealable." Johnson v. State, 300 Ga. 252, 257 (3) (794 S.E.2d 60) (2016) (citation and punctuation omitted). See also Tolbert v. Toole, 296 Ga. 357, 360 n. 7 (767 S.E.2d 24) (2014). "This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicants have not otherwise filed a notice of appeal." Spivey v. Hembree, 268 Ga.App. 485, 486 n. 1 (602 S.E.2d 246) (2004). Accordingly, this interlocutory application is hereby GRANTED. Childs shall have ten days from the date of this order to file a notice of appeal in the trial court. If he has already filed a notice of appeal, he need not file a second notice.
The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.