Opinion
A25A0299
10-02-2024
THE STATE v. HANSEL ECHEVARRIA.
The Court of Appeals hereby passes the following order:
The State filed a direct appeal from the trial court's order compelling the State to comply with the terms of a plea agreement, which had been offered by the State and accepted by the defendant. We, however, lack jurisdiction.
In its notice of appeal, the State appears to claim that it is entitled to a direct appeal from the trial court's order by citing generally to OCGA § 5-7-1 and certain case law recognizing the State's right to appeal from an illegal judgment. However, "[t]he State is permitted to take appeals in criminal cases only to the extent expressly authorized by statute." State v. Rodriguez, 353 Ga.App. 345, 345 (836 S.E.2d 738) (2019) (citation and punctuation omitted). Notably, "the State may not appeal any issue in a criminal case, whether by direct or discretionary appeal, unless that issue is listed in OCGA § 5-7-1." State v. Cash, 298 Ga. 90, 91 (1) (779 S.E.2d 603) (2015) (citation and punctuation omitted; emphasis in original).
Here, the State does not direct us to any provision of OCGA § 5-7-1 authorizing this appeal, nor do we find any. Moreover, the State has not shown that the order was illegal or otherwise void. Because the State's appeal is not authorized under OCGA § 5-7-1, we lack jurisdiction. See Rodriguez, 353 Ga.App. at 347. Accordingly, this appeal is DISMISSED.
Indeed, it is well established that a trial court has jurisdiction to enforce plea agreements. See State v. Lewis, 298 Ga. 126, 133-134 (4) (779 S.E.2d 643) (2015) (a trial court is authorized to set aside a plea bargain and "it remains the primary duty of the trial court to ensure not only that the terms of the plea bargain are understood by the defendant[,] but that they are adhered to by both sides, as well as by the court itself") (citation and punctuation omitted); Syms v. State, 331 Ga.App. 225, 228 (770 S.E.2d 305) (2015) (reversing the trial court's denial of a motion to enforce a plea agreement).