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examined
Cited as authority (quoted)
Kenny Lynn McCullouch v. State
(2×)
also: Cited "see, e.g."
hen multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more of the counts, the case is still pending in the trial court and is not a final judgment under ocga 5-6-34 (a) (1).
examined
Cited as authority (quoted)
Hollman v. State
(2×)
also: Cited "see, e.g."
hen multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more counts, the case is still pending in the trial court and is not a final judgment under ocga 5-6-34 (a) (1).
examined
Cited as authority (quoted)
Hollmon v. State
(2×)
hen multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more counts, the case is still pending in the trial court and is not a final judgment under ocga 5-6-34 (a) (1).
examined
Cited as authority (quoted)
State v. Riggs
(2×)
also: Cited "see, e.g."
hen multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more of the counts, the case is still pending in the trial court and is not a final judgment 5 under ocga 5-6-34 (a) (1).
examined
Cited as authority (quoted)
State v. Riggs
(2×)
also: Cited "see, e.g."
hen multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more of the counts, the case is still pending in the trial court and is not a final judgment under ocga 5-6-34 (a) (1 ).
discussed
Cited as authority (rule)
David Lee Wooten v. State
But the transcript from that day does not contain any ruling of the trial court. the defendant have been resolved.2 See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (holding that a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited as authority (rule)
Derrick Christopher Hughey v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited as authority (rule)
Stewart Cabrera-Zamarripa v. State
Pursuant to OCGA § 5-6-34 (a) (1), a defendant has the right to directly appeal a “final judgment[], that is to say, where the case is no longer pending in the court below.” A “case is not final and ripe for appeal until a sentence has been entered on each count of the indictment that was the subject of the trial.” Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002).
discussed
Cited as authority (rule)
Glen Alan Williams v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited as authority (rule)
Christopher Bernard Dixon v. State
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” The Georgia Supreme Court has explained that “when multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more of the counts, the case is still pending in the trial court and is not a final judgment under OCGA § 5-6-34 (a) (1).” Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002).
discussed
Cited as authority (rule)
Randall Joey Futch, Jr. v. State
Pursuant to OCGA § 5-6-34 (a) (1), defendants have the right to directly appeal from all “final judgments, that is to say, where the case is no longer pending in the court below.” A “case is not final and ripe for appeal until a sentence has been entered on each count of the indictment that was the subject of the trial.” Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002).
discussed
Cited as authority (rule)
Amy Ellis Kave v. State
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” The Georgia Supreme Court has explained that “when multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more of the counts, the case is still pending in the trial court and is not a final judgment under OCGA § 5-6-34 (a) (1).” Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002).
discussed
Cited as authority (rule)
Larry Dean Day v. State
See OCGA § 5-6-34 (b); accord Littlejohn v. State, 185 Ga. App. 31, 32 ( 363 SE2d 327 ) (1987) (this Court lacks jurisdiction to entertain an appeal over a criminal case that is still pending before the trial court); cf. Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002) (a criminal case is not final until a sentence has been entered on each conviction).
discussed
Cited as authority (rule)
Mark Green v. State
See OCGA § 5-6-34 (b); accord Littlejohn v. State, 185 Ga. App. 31, 32 ( 363 SE2d 327 ) (1987) (this Court lacks jurisdiction to entertain an appeal over a criminal case that is still pending before the trial court); cf. Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002) (a criminal case is not final until a sentence has been entered on each conviction).
discussed
Cited as authority (rule)
Demarcus Haywood v. State
See OCGA § 5-6-34 (b); accord Littlejohn v. State, 185 Ga. App. 31, 32 ( 363 SE2d 327 ) (1987) (this Court lacks jurisdiction to entertain an appeal over a criminal case that is still pending before the trial court); cf. Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002) (a criminal case is not final until a sentence has been entered on each conviction).
cited
Cited as authority (rule)
Jafney Thelusma v. State
Cf. Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002).
discussed
Cited as authority (rule)
Ramon Reed v. State
Pursuant to OCGA § 5-6-34 (a) (1), a defendant has the right to directly appeal a “final judgment[], that is to say, where the case is no longer pending in the court below.” A “case is not final and ripe for appeal until a sentence has been entered on each count of the indictment that was the subject of the trial.” Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002); see also State v. Ware, 282 Ga. 676, 677 ( 653 SE2d 21 ) (2007) (“the grant of a new trial in favor of a criminal defendant is not final”).
discussed
Cited as authority (rule)
Calvin Smith v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence); Crolley v. State, 182 Ga. App. 2, 2-3 (1) ( 354 SE2d 864 ) (1987) (same).
discussed
Cited as authority (rule)
Nikario Lannard Gresham v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited as authority (rule)
Tenace Terrell Newsome v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
cited
Cited as authority (rule)
James Heath v. State
Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002).
discussed
Cited as authority (rule)
Reginald Carswell v. State
Pursuant to OCGA § 5-6-34 (a) (1), a defendant has a right to directly appeal a “final judgment, that is to say, where the case is no longer pending in the court below.” Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002) (punctuation omitted).
discussed
Cited as authority (rule)
Ryederius Ferrell v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited as authority (rule)
Davey Joyner v. State
Pursuant to OCGA § 5-6-34 (a) (1), a defendant has a right to directly appeal a “final judgment, that is to say, where the case is no longer pending in the court below.” Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002) (citation and punctuation omitted).
discussed
Cited as authority (rule)
Roy Boone Bright v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction 1 Faretta v. California, 422 U. S. 806 ( 95 SCt 2525 , 45 LEd2d 562 ) (1975). and sentence); Crolley v. State, 182 Ga. App. 2, 2-3 (1) ( 354 SE2d 864 ) (1987) (same).
discussed
Cited as authority (rule)
Darren D. Riggs v. State
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” Because this action remains pending before the trial court, Riggs was required to use the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – to appeal the “Amended Final Disposition.” See OCGA § 5-6-34 (b); accord Littlejohn v. State, 185 Ga. App. 31, 32 ( 363 SE2d 327 ) (1987) (this Court lacks jurisdiction to entertain an appeal over a criminal case that is st…
discussed
Cited as authority (rule)
Tammy Terrell Smith v. State
Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002); see also Curry v. State, 248 Ga. 183, 185 (4) ( 281 SE2d 604 ) (1981) (“An oral declaration as to what the sentence shall be is not the sentence of the court; the sentence signed by the judge is”).
discussed
Cited as authority (rule)
Timothy John Wilson, Jr. v. State
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” Following one or more guilty verdicts in a criminal case, the “case is not final and subject to appeal until a sentence has been entered on each count of [of conviction].” Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002).
discussed
Cited as authority (rule)
Patrick Earwood v. State
Georgia law permits a criminal defendant to take an appeal of right from a final judgment of conviction and sentence, see Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002), but even an appeal of right must be taken in a manner consistent with the laws of appellate procedure, and if it is not, the right of appeal may be forfeited.
discussed
Cited as authority (rule)
Calvin Smith v. State
Because this action remains pending before the trial court, Smith was required to use the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – to appeal the order denying his “motion to dismiss for failure of the trial court to appoint appellant counsel.” See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence); Crolley v. State, 182 Ga. App. 2, 2-3 (1) ( 354 SE2d 864 ) (1987) (same).
discussed
Cited as authority (rule)
Jumar Greer v. State
(Citations and punctuation omitted.) Perry v. State, 329 Ga. App. 121, 121 ( 764 SE2d 178 ) (2014) (remanding the case as “not final and ripe for appeal,” where despite trial court’s oral announcements at the sentencing hearing that certain counts would merge into others, the court did not enter for each count either a written sentence or written notation of merger); see Riggs, 301 Ga. at 65 (1), n. 4; Keller, 275 Ga. at 681 (explaining that where the trial court did not enter a sentence on a count of the multi-count indictment following the jury’s verdict, case “was not ripe for app…
discussed
Cited as authority (rule)
Alan Konwinski v. State
See OCGA § 5-6-34 (b); Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence); Crolley v. State, 182 Ga. App. 2, 2-3 (1) ( 354 SE2d 864 ) (1987) (same).
discussed
Cited as authority (rule)
Mims v. State
Our law permits a criminal defendant to take an appeal of right from a final judgment of conviction and sentence, see Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002), but even an appeal of right must be taken in a manner consistent with the laws of appellate procedure, and if it is not, the right of appeal may be forfeited.
discussed
Cited as authority (rule)
Higdon v. State
See OCGA §§ 17-7-70, 17-7-70.1, 17-7-71 (providing for prosecutors to proceed on indictments and accusations for various types of felony and misdemeanor offenses); Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002) (holding that when a defendant is prosecuted on a multiple-count indictment, the case is not final and appealable until the trial court enters a written judgment on each count of the indictment); Littlejohn v. State, 185 Ga. App. 31, 31 ( 363 SE2d 327 ) (1987) (explaining that a defendant may appeal his first offender disposition under OCGA § 42-8-64 only after the trial c…
discussed
Cited as authority (rule)
Keno Rolland v. State
This appeal followed. “[W]hen multiple counts of an [accusation] are tried together and the trial court does not enter a written sentence on one or more of the counts, the case is still pending in the trial court and is not a final judgment under OCGA § 5-6-34 (a) (1).” Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002).
discussed
Cited "see"
Amir Iban Short v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (holding that a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited "see"
Yaw Twum-Baah v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (holding that a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited "see"
Craig Mikhail Kent v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002).
discussed
Cited "see"
John Brian Golden v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (holding that when a defendant is prosecuted on a multi-count indictment, the criminal case is not final and appealable under OCGA § 5-6-34 (a) (1) until the trial court enters a written judgment on each count).
discussed
Cited "see"
Lora Allmon v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002); see also Southall v. State, 300 Ga. 462, 463 (1) ( 796 SE2d 261 ) (2017).
discussed
Cited "see"
Frederick Antwan Gilyard v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (holding that a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
discussed
Cited "see"
Derrick Nicholson v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (holding that a criminal case remains pending until the court enters a written judgment of conviction and sentence on each count).
examined
Cited "see"
Seals v. State
(6×)
See Keller v. State, 275 Ga. 680, 681 (571 SE2d 806) (2002); see also State v. Riggs, 301 Ga. 63, 65 (1) (799 SE2d 770) (2017) (“When a trial court fails to impose separate sentences for 8 each count of which a defendant was found guilty, it has not entered a proper judgment.” (citing Keller)).
discussed
Cited "see"
James Wymer v. State
(2×)
See Keller v. State, 275 Ga. 680, 680-681 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence).
discussed
Cited "see"
Donta Q. Johnson v. State
(2×)
See Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002) (case remains pending in the trial court until the trial court enters a written sentence on all counts).
discussed
Cited "see"
Latisha Shana McCoy v. State
(2×)
See Keller v. State, 275 Ga. 680, 680 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence); Crolley v. State, 182 Ga. App. 2, 2-3 (1) ( 354 SE2d 864 ) (1987) (a criminal proceeding is pending until the court enters a written sentence).
discussed
Cited "see"
Courtney Jamal Clinton v. State
(2×)
See Keller v. State, 275 Ga. 680 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence); Crolley v. State, 182 Ga. App. 2 (1) ( 354 SE2d 864 ) (1987) (a criminal proceeding is pending until the court enters a written sentence).
discussed
Cited "see"
Robert Dean Blackburn v. State
(2×)
See Keller v. State, 275 Ga. 680 ( 571 SE2d 806 ) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence); Crolley v. State, 182 Ga. App. 2 (1) ( 354 SE2d 864 ) (1987) (a criminal proceeding is pending until the court enters a written sentence).
discussed
Cited "see"
Harless v. State
(2×)
See Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002); Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
discussed
Cited "see"
Tania Harless v. State
(2×)
See Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002); Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
Keller
v.
the State
v.
the State
S02G0572.
Supreme Court of Georgia.
Oct 28, 2002.
Thomas J. Thomas, for appellant., Patrick H. Head, District Attorney, Amelia G. Pray, W. Thomas Weathers III, Assistant District Attorneys, for appellee.
Sears.
Cited by 64 opinions | Published
Citer courts: Supreme Court of Georgia (5) · Court of Appeals of Georgia (1)
We granted certiorari in this case to consider whether the Court of Appeals erred in dismissing one of Keller’s appeals that was before it.* [1] We conclude that when a multi-count indictment is the subject of one trial and the factfinder returns a verdict of guilty on each count of the indictment, the case is not final and subject to appeal until a sentence has been entered on each count of the indictment. Because the Court of Appeals’s dismissal of Keller’s appeal is inconsistent with this rule, we reverse its judgment and remand the case to it for proceedings consistent with this opinion.
Under OCGA § 5-6-34 (a) (1), Keller had a right to a direct appeal from a “final judgment[ ], that is to say, where the case is no longer pending in the court below.” In interpreting § 5-6-34 (a) (1), the Court of Appeals of Georgia has held that a criminal case is not final but is pending in the trial court until a written judgment of conviction and sentence is entered in the trial court. [2] Although Littlejohn [*681] and Crolley involved cases in which there was a one-count indictment and thus one sentence to enter, the principle of those cases applies with equal force to cases such as Keller’s in which multiple counts of an indictment are tried together. In this regard, other courts have held that in such multi-count trials, the case is not final and ripe for appeal until a sentence has been entered on each count of the indictment that was the subject of the trial. [3] Based on the rationale of Littlejohn, Crolley, and the cases from other jurisdictions, we conclude that when multiple counts of an indictment are tried together and the trial court does not enter a written sentence on one or more of the counts, the case is still pending in the trial court and is not a final judgment under OCGA § 5-6-34 (a) (1).
In the present case, the trial court did not enter a sentence on one count of the multi-count indictment following the jury’s verdict. Keller’s case thus was not ripe for appeal at that time even though the trial court did enter a written judgment of conviction and sentence on the other counts of the indictment. Because Keller subsequently filed a notice of appeal within 30 days of the trial court’s entry of a written sentence on the last count of the jury’s verdict, his appeal was timely and the Court of Appeals erred in dismissing it.
Judgment reversed and case remanded.
1
Keller v. State, 252 Ga. App. 813 (558 SE2d 5) (2001) (Keller had two cases before the Court of Appeals; Case No. A01A0927 is the subject of the grant of certiorari).
2
Littlejohn v. State, 185 Ga. App. 31 (363 SE2d 327) (1987); Crolley v. State, 182 Ga. App. 2, 3 (1) (354 SE2d 864) (1987). Similarly, this Court has held that “[a]n oral declaration[*681] as to what the sentence shall be is not the sentence of the court; the sentence signed by the judge is.” Curry v. State, 248 Ga. 183,185 (281 SE2d 604) (1981).
3
See United States v. Dodson, 291 F3d 268, 272-274 (4th Cir. 2002); United States v. Luciano-Mosquera, 63 F3d 1142, 1148, n. 2 (1st Cir. 1995); Fernandez v. United States, 941 F2d 1488, 1492 (11th Cir. 1991); United States v. Patel, 835 F2d 708, 709 (7th Cir. 1987); United States v. Wilson, 440 F2d 1103, 1104-1105 (5th Cir. 1971); State v. Home, 768 S2d 228, 229 (La. App. 1st Cir. 2000); State v. Reynolds, 819 SW2d 322, 323, n. 1 (Mo. 1991). Compare United States v. Powell, 24 F3d 28, 30-31 (9th Cir. 1994) (when a count is severed from a multi-count indictment, and separate trials are held on the severed counts, each conviction on the severed counts is separately appealable when sentence is entered).