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THE STATE v. RAMIREZ-HERRARA

Court of Appeals of Georgia2012-04-13No. A10A0982
315 Ga. App. 635727 S.E.2d 253

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Opinion

majority opinion

DOYLE, Presiding Judge.

In State v. Ramirez-Herrara, we reversed the grant of a general demurrer to five counts of a twelve-count indictment. Thereafter, the Supreme Court of Georgia decided State v. Outen, 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. 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. 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. Accordingly, we vacate our prior judgment in this case and dismiss the appeal.

Appeal dismissed.

Ellington, C. J., and Andrews, J., concur.

306 Ga. App. 878 (703 SE2d 429) (2010).

289 Ga. 579 (714 SE2d 581) (2011).

Id. at 581.

See Ramirez-Herrara v. State, Case No. S11C0535 (September 6, 2011) (unpublished).

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