Boyd v. State

Full title: BOYD v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 10, 1989

191 Ga. App. 435 (Ga. Ct. App. 1989)

383 S.E.2d 906

Opinion

A89A0677.

DECIDED APRIL 10, 1989. REHEARING DENIED MAY 4, 1989.

Child abandonment. Gwinnett State Court. Before Judge Cook.

Jimmy A. Boyd, pro se. Gerald N. Blaney, Jr., Solicitor, for appellee.

McMURRAY, Presiding Judge.

Defendant was charged, via accusation, with abandoning his two minor children, OCGA § 19-10-1. Defendant filed a motion to dismiss the accusation, asserting the general grounds. The trial court denied the motion to dismiss and this direct appeal followed. Held:

The overruling of defendant's motion to dismiss the accusation, which leaves the case pending for trial, is not a final judgment from which appeal can be taken, absent a certificate of immediate review. OCGA § 5-6-34; Partain v. State, 138 Ga. App. 171, 172 ( 225 S.E.2d 736). Consequently, since defendant has not complied with the interlocutory appeal procedure prescribed by OCGA § 5-6-34 (b), this appeal must be dismissed.

Appeal dismissed. Carley, C. J., and Beasley, J., concur.

DECIDED APRIL 10, 1989 — REHEARING DENIED MAY 4, 1989 — CERT. APPLIED FOR.