Ahmed Issa v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 21, 2016

The Court of Appeals hereby passes the following order: A16A0698. AHMED ISSA v. THE STATE.

A jury found Ahmed Issa guilty of numerous offenses, including burglary and aggravated assault. Issa filed a motion for new trial, which the trial court denied in part and granted in part. Specifically, the trial court vacated three convictions. The trial court specified it was not granting a new trial, but that Issa would be re-sentenced. Issa filed a notice of appeal from the trial court’s ruling. We lack jurisdiction.

Pursuant to OCGA § 5-6-34 (a) (1), a defendant has a right to directly appeal a “final judgment[ ], that is to say, where the case is no longer pending in the court below.” A “case is not final and ripe for appeal until a sentence has been entered on each count of the indictment that was the subject of the trial.” See Keller v. State, 275 Ga. 680 (571 SE2d 806) (2002). Because Issa has not been re-sentenced, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Upon entry of the sentencing order, the superior court clerk is directed to retransmit this appeal. Issa need not file a second notice of appeal as the prematurely filed notice of appeal will ripen upon entry of the sentence. See McCulley v. State, 273 Ga. 40, 43 n.3 (537 SE2d 340) (2000).

Court of Appeals of the State of Georgia 01/21/2016 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.