Boyd v. State

Ga. Ct. App.

Court: Court of Appeals of Georgia

Citations: 191 Ga. App. 435, 383 S.E.2d 906, 1989 Ga. App. LEXIS 660

Decision Date: 4/10/1989

Docket Number: A89A0677

Jurisdiction: GA

Bluebook Citation: Boyd v. State, 191 Ga. App. 435, 383 S.E.2d 906, 1989 Ga. App. LEXIS 660 (Ga. Ct. App. 1989)

More Cases: Ga. Ct. App. decisions from 1989

BOYD v. THE STATE.

Judges

Carley, C. J., and Beasley, J., concur.

Attorneys

Jimmy A. Boyd, pro se.
Gerald N. Blaney, Jr., Solicitor, for appellee.

majority McMurray, Presiding Judge.

Defendant was charged, via accusation, with abandoning his two minor children, OCGA § 19-10-1. Defendant filed a motion to dismiss the accusation, asserting the general grounds. The trial court denied the motion to dismiss and this direct appeal followed. Held:

The overruling of defendant’s motion to dismiss the accusation, which leaves the case pending for trial, is not a final judgment from which appeal can be taken, absent a certificate of immediate review. OCGA § 5-6-34; Partain v. State, 138 Ga. App. 171, 172 (225 SE2d 736). Consequently, since defendant has not complied with the interlocutory appeal procedure prescribed by OCGA § 5-6-34 (b), this appeal must be dismissed.

Appeal dismissed.

Carley, C. J., and Beasley, J., concur.

Decided April 10, 1989

Rehearing denied May 4, 1989

Jimmy A. Boyd, pro se.

Gerald N. Blaney, Jr., Solicitor, for appellee.

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