Byron Fleming v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2017

The Court of Appeals hereby passes the following order: A18A0745. BYRON FLEMING v. THE STATE.

In February 2000, a jury convicted Byron Fleming of murder, felony, murder, aggravated assault, and possession of a firearm during the commission of a crime, for which he was sentenced to life imprisonment plus five years. Fleming’s convictions were affirmed on appeal. Fleming v. State, 273 Ga. 837 (546 SE2d 273) (2001). In July 2017, Fleming filed a motion to vacate a void sentence, which the trial court denied. Fleming then filed this direct appeal. 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.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of murder and felony murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (a), (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 “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”). 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, 764-765 (740 SE2d 124) (2013). Accordingly, Fleming’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/12/2017 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.