Charles Victor Wallace v. State

Court of Appeals of the State of Georgia

ATLANTA,__________________ May 22, 2013

The Court of Appeals hereby passes the following order: A13I0221. CHARLES VICTOR WALLACE v. THE STATE.

Laurens County Superior Court Judge Jon Helton denied Charles Wallace’s motion to suppress. Wallace then obtained a certificate of immediate review, signed by Dublin Judicial Circuit Judge Donald Gillis, and filed this application for interlocutory appeal. We lack jurisdiction. Under OCGA § 5-6-34 (b), a party may apply for interlocutory appellate review “[w]here the trial judge in rendering an order, decision, or judgment not otherwise subject to direct appeal . . . certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had . . .” (Emphasis supplied.) The plain language of the statute requires that the same judge who enters the order in question must certify it for immediate review. Mauer v. Parker Fibernet, LLC, 306 Ga. App. 160, 162 (701 SE2d 599) (2010).1 Because the certificate of immediate review submitted by Wallace was signed by a judge other than the trial judge, it is invalid and does not confer jurisdiction upon this Court to consider this application for interlocutory appeal. The application is therefore DISMISSED.

1 This court has recognized a limited exception to this rule where evidence shows that the trial judge was unavailable to execute the certificate. See Freemon v. Dubroca, 177 Ga. App. 745 (1) (341 SE2d 276) (1986); Tingle v. Harvill, 125 Ga. App. 312, 317-318 (2) (187 SE2d 536) (1972); see also Thorpe v. Russell, 274 Ga. 781, 781-782 (559 SE2d 432) (2002). Wallace, however, has made no showing that Judge Helton was unavailable.

Court of Appeals of the State of Georgia 05/22/2013 Clerk’s Office, Atlanta,__________________ 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.