Jarvis Augustus Ware v. State

Court of Appeals of the State of Georgia

ATLANTA,__________________ June 11, 2013

The Court of Appeals hereby passes the following order: A13D0411. JARVIS AUGUSTUS WARE v. THE STATE.

A jury convicted Jarvis Augustus Ware of murder, and his conviction was affirmed on appeal. See Ware v. State, 279 Ga. 17 (608 SE2d 643) (2005). Ware subsequently filed a motion for an out-of-time appeal, which the trial court denied. Ware filed an application for discretionary appeal from this ruling. Under our Constitution, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of murder, jurisdiction is proper in the Supreme Court. See OCGA § 17-10-30 (b); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, J., concurring); see also State v. Thornton, 253 Ga. 524 (322 SE2d 711) (1984) (directing this Court to transfer “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”); McCrary v. State, 215 Ga. 887 (1) (114 SE2d 133) (1960). Accordingly, Ware’s appeal is hereby TRANSFERRED to the Supreme Court for disposition. See McCrary, supra.

Court of Appeals of the State of Georgia 06/11/2013 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.