Denzel Bennett v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ May 10, 2017 The Court of Appeals hereby passes the following order: A17A0181. BENNETT v. THE STATE. The Supreme Court of Georgia has exclusive jurisdiction over “all cases in which the constitutionality of a law . . . has been drawn in question.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. II (1). See Gearin v. State, 269 Ga. App. 187, 189 (3) ( 603 SE2d 709 ) (2004) (court of appeals lacks jurisdiction to address constitutional challenge to statute). In this case, the appellant challenges the constitutionality of OCGA § 42-8-65 (c). Accordingly, “it is ordered that this case be transferred to the Supreme Court since it is one in which the constitutionality of a law has been drawn into question. [Cit.]” Shessel v. Stroup, 169 Ga. App. 472, 473 ( 313 SE2d 747 ) (1984). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/10/2017 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.