Jason Harris v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ March 28, 2017 The Court of Appeals hereby passes the following order: A17I0172. JASON HARRIS v. THE STATE. Jason Harris filed this application for interlocutory appeal from the superior court’s order denying his Plea in Bar/Motion in Autrefois Convict, which was based upon Double Jeopardy grounds. Such an order is directly appealable. See Patterson v. State, 248 Ga. 875, 876-877 ( 287 SE2d 7 ) (1982); Miller v. State, 204 Ga. App. 562, 563 ( 420 SE2d 12 ) (1992). This Court will grant a timely application for interlocutory appeal if the order is subject to direct appeal and the applicant has not otherwise filed a timely notice of appeal. See Spivey v. Hembree, 268 Ga. App. 485, 486, n. 1 ( 602 SE2d 246 ) (2004). Because the order complained of here is subject to direct appeal, this application is hereby GRANTED. Harris shall have ten days from the date of this order to file a notice of appeal in the superior court, provided that he has not otherwise filed a timely notice of appeal from the denial of his motion. The clerk of the superior court is directed to include a copy of this order in the record transmitted to this Court. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/28/2017 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.