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Gresham v. The State

Court Dismisses Appeal by Defendant Facing Retrial Where Defendant Failed to Use Interlocutory Review Procedures

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Barnes, Presiding Judge.A jury found Nikario Lannard Gresham guilty of numerous counts, including armed robbery, kidnapping, aggravated assault, burglary, home invasion, and other offenses, and the trial court entered its final disposition. Gresham subsequently filed a motion and amended motion for new trial, which the trial court denied, except as to the second kidnapping count, which it granted. Gresham filed a direct appeal from this order. We, however, lack jurisdiction.^{^[1]}When the trial court grants a criminal defendant’s motion for new trial, the case is not final for purposes of filing a direct appeal. State v. Ware, 282 Ga. 676, 677 (653 SE2d 21) (2007). Because Gresham’s criminal case remains pending before the trial court, Gresham was required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to appeal. See OCGA § 5634 (b); Keller v. State, 275 Ga. 680, 680681 (571 SE2d 806) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count). Gresham’s failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.^{^[2]}Appeal dismissed. Mercier and Brown, JJ., concur.

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