Opinion
A23D0056
09-12-2022
JERRY THOMAS v. THE STATE.
Jerry Thomas has filed an application for discretionary review of the trial court's order denying his motion to dismiss for lack of jurisdiction. Because the criminal case against Thomas remains pending below, he was required to comply with the interlocutory appeal procedure - including obtaining a certificate of immediate review from the trial court - to appeal the trial court's order. See OCGA § 5-6-34 (a) (1), (b); Stewart v. State, 240 Ga.App. 154, 154-155 (522 S.E.2d 743) (1999); Boyd v. State, 191 Ga.App. 435, 435 (383 S.E.2d 906) (1989). Although Thomas filed an application for discretionary review, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey v. Bailey, 266 Ga. 832, 833 (471 S.E.2d 213) (1996). Thomas's failure to comply with the interlocutory appeal procedure deprives us of jurisdiction over this application, which is hereby DISMISSED.