Court of Appeals of the State of Georgia

ATLANTA,____________________ February 06, 2019

The Court of Appeals hereby passes the following order:

A19A1236. ERIC SCALES v. THE STATE.

In 2012, Eric Scales pled guilty to murder and was sentenced to life in prison. On October 17, 2017, Scales filed a pro se motion for leave to file an out-of-time appeal, which the trial court denied. Scales then appealed to this Court. We lack jurisdiction. Under our Constitution, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (a), (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring). Accordingly, Scales’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/06/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.