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Harless v. State

The defendant's appeal of her convictions for aggravated assault and aggravated battery was not final and ripe because the trial court entered only a single written sentence.

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A jury found Tania Harless guilty of two counts—aggravated assault and aggravated battery—and she appeals her convictions on those counts. But a case is not final and ripe for appeal until a written sentence has been entered on each count of which a defendant was found guilty. See Keller v. State, 275 Ga. 680, 681 571 SE2d 806 2002; Bass v. State, 284 Ga. App. 331, 332 643 SE2d 851 2007. Here, the trial court entered only a single written sentence of “20 Twenty years.” Because the trial court did not enter a written sentence on each count,

the case is still pending in the court below. Therefore, this case is removed from this court’s docket and remanded. With respect to both counts of which Harless was found guilty, the trial court is directed to . . . enter a written sentence, . . . thereby in writing, disposing of both counts of which Harless was found guilty. After such entry, the case may be transmitted to this court for re-docketing because the notice of appeal, prematurely filed, then will have ripened.

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