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173 Ga. App. 249

Holton v. State

Court of Appeals of Georgia

Decided January 7, 1985

Court of Appeals of Georgia · decided 1985-01-07

Cited by 2 later decisions — most recently December 2014

2 state decisions

Relies on Williams v. State · 116 Ga. App. 331 - Cody v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-07

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Beasley, Judge.

¶1Defendant appeals the denial of his motion to suppress. Held:

¶2Although the defendant obtained a certificate of review from the trial judge, he failed to make an application to this court for interlocutory review within 10 days after the grant of the certificate. Since an order denying a motion to suppress is not a final judgment (Cody v. State, 116 Ga. App. 331 (157 SE2d 496) (1967)), this appeal is premature and thus is subject to dismissal for failure to comply with OCGA *250§ 5-6-34 (b). Williams v. State, 148 Ga. App. 176 (251 SE2d 130) (1978).

Decided January 7, 1985.Philip L. Ruppert, for appellant.Robert E. Keller, District Attorney, William L. McKinnon, Jr., Assistant District Attorney, for appellee.

¶3Appeal dismissed.

Birdsong, P. J., and Carley, J., concur.
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