Mario Navarrete v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 30, 2025

The Court of Appeals hereby passes the following order: A25A1771. MARIO NAVARETTE v. THE STATE.

Following a 2006 jury trial, Mario Navarette was convicted of felony murder, aggravated assault, and other crimes, for which he received a life sentence. The trial court denied Navarette’s motion for new trial, and on appeal, the Supreme Court of Georgia affirmed his convictions. Navarrete v. State, 283 Ga. 156 (656 SE2d 814) (2008). In June 2024, Navarette filed a “Motion for Modification of Sentence,” which the trial court denied. Navarette then filed this direct appeal. We lack jurisdiction. The Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death may be imposed for the crime of felony murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 SE2d 711) (1984) (directing this Court to transfer to the Supreme Court “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder, and all pre-conviction appeals in murder cases”), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205 (III) (C) (i) (824 SE2d 265) (2019). The Supreme Court’s jurisdiction over murder cases includes appeals from orders resolving post-judgment motions in such cases. See Simpson v. State, 292 Ga. 764 (740 SE2d 124) (2013) (appeal from denial of a motion in arrest of judgment attacking murder convictions as void).

Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/30/2025 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.