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State v. Hill

The State's direct appeal was dismissed since the Court lacked jurisdiction as the trial court's order had dismissed fewer than all the counts of the defendant's indictment and was thus not a final order, and the amendment to O.C.G.A. § 5-7-2 b 2 waiving the requirement for the certificate of immediate review was inapplicable.

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The State of Georgia appeals from a trial court order granting Victor Keith Hill’s general demurrer and dismissing 5 counts of a 37-count indictment against him. The State asserts two enumerations of error: 1 that the trial court erred in finding that because Hill, the sheriff of Clayton County, had a superior ownership interest in his campaign re-election account, that he could not be charged with theft by taking as to his own property; and 2 that the trial court erred in finding that the State was pre-empted from prosecuting Hill for violations of the Racketeer Influenced and Corrupt Organizations Act “RICO” because the indictment failed to charge the proper predicate offenses pursuant to OCGA § 16-14-3 9 A and B. Because we lack jurisdiction, we are unable to reach the merits of this case.

Well-settled law dictates that “it is incumbent upon this Court to inquire into its own jurisdiction.” Citation and punctuation omitted. Mays v. Rancine-Kinchen, 291 Ga. 283, 283 729 SE2d 321 2012.

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