Opinion
A22I0049
09-30-2021
JORGE VAZQUEZ VIDAL v. THE STATE.
The Court of Appeals hereby passes the following order:
In this pending criminal case, the trial court issued an order denying Jorge Vazquez Vidal's motion to suppress on March 22, 2021. On August 9, 2021, Vidal filed a pro se pleading with the Supreme Court, which was docketed as an application for interlocutory appeal. The Supreme Court transferred the application to this Court. See Case No. S22I0050 (Sept. 2, 2021). We lack jurisdiction. To obtain review of the trial court's order, Vidal was required to comply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b), including obtaining a certificate of immediate review within ten days of the order and filing an application within ten days of the certificate. See Boyd v. State, 191 Ga.App. 435, 435 (383 S.E.2d 906) (1989); Holton v. State, 173 Ga.App. 249, 249-250 (326 S.E.2d 240) (1985). Vidal's failure to either obtain a certificate of immediate review or file a timely application deprives this Court of jurisdiction over his application, which is hereby DISMISSED.
It is unclear from the application materials if Vidal is represented by counsel below. If Vidal is represented, it would render his pro se pleading a nullity. See White v. State, 302 Ga. 315, 319 (2) (806 S.E.2d 489) (2017).