Opinion
A23A0349
10-04-2022
PHILLIP N. CRAWFORD, JR. v. THE STATE
The Court of Appeals hereby passes the following order:
In 2007, Phillip N. Crawford, Jr. was convicted of felony murder and sentenced to life in prison. Crawford filed a motion for new trial, which the trial court denied. Crawford then filed this appeal. We, however, lack jurisdiction.
The Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death may be imposed for the crime of felony murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (c), (e) (1); 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”), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205 (III) (C) (i) (824 S.E.2d 265) (2019).
Accordingly, Crawford's appeal is hereby TRANSFERRED to the Supreme Court for disposition.