THE STATE v. RAMIREZ HERRARA (2012)

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.

FOOTNOTES

FN1. 306 Ga.App. 878 (703 S.E.2d 429) (2010)..  FN1. 306 Ga.App. 878 (703 S.E.2d 429) (2010).

FN2. 289 Ga. 579 (714 S.E.2d 581) (2011)..  FN2. 289 Ga. 579 (714 S.E.2d 581) (2011).

FN3. Id. at 581..  FN3. Id. at 581.

FN4. See Ramirez–Herrara v. State, Case No. S11C0535 (Ga.;   decided Sept. 6, 2011) (nonpublished)..  FN4. See Ramirez–Herrara v. State, Case No. S11C0535 (Ga.;   decided Sept. 6, 2011) (nonpublished).

FN5. See OCGA §§ 5–7–1(a)(1) and 5–7–2(a);  Outen, 289 Ga. at 582–583..  FN5. See OCGA §§ 5–7–1(a)(1) and 5–7–2(a);  Outen, 289 Ga. at 582–583.

Doyle, Presiding Judge.