State v. RAMIREZ-HERRARA , 315 Ga. App. 635 ( 2012 )

727 S.E.2d 253 (2012) 315 Ga. App. 635

The STATE
v.
RAMIREZ-HERRARA.

No. A10A0982.

Court of Appeals of Georgia.

April 13, 2012.

Gwendolyn Keyes Fleming, Michael Scott Carlson, Augusta, John E. Floyd, Atlanta, for The State.

Ingrid Johnson McGaughey, Gerard Bradley Kleinrock, for Ramirez-Herrara.

DOYLE, Presiding Judge.

In State v. Ramirez-Herrara,^[1] we reversed the grant of a general demurrer to five counts of a twelve-count indictment. Thereafter, the Georgia Supreme Court decided State v. Outen,^[2] in which that Court explained that the State must secure a certificate of immediate review in order to appeal an order granting a special demurrer.^[3] Based on its opinion in Outen, the Supreme Court granted the petition for a writ of certiorari in this case and remanded it back to this Court for further consideration.^[4]

Because the State was required to obtain a certificate of immediate review before proceeding, this Court lacked jurisdiction to review the trial court's order granting the general demurrer.^[5] Accordingly, we vacate our prior judgment in this case and dismiss the appeal.

Appeal dismissed.

ELLINGTON, C.J., and ANDREWS, J., concur.

NOTES

[1] 306 Ga.App. 878, 703 S.E.2d 429 (2010).

[2] 289 Ga. 579, 714 S.E.2d 581 (2011).

[3] Id. at 581, 714 S.E.2d 581.

[4] See Ramirez-Herrara v. State, Case No. S11C0535 (Ga.; decided Sept. 6, 2011) (nonpublished).

[5] See OCGA §§ 5-7-1(a)(1) and 5-7-2(a); Outen, 289 Ga. at 582-583, 714 S.E.2d 581.