Bass v. State, 643 S.E.2d 851 (Ga. Ct. App. 2007). · Go Syfert
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Bass v. State, 643 S.E.2d 851 (Ga. Ct. App. 2007). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 2 distinct courts.
Strongest positive: MONTE DAVIS v. LAND-RON, INC. (gactapp, 2024-05-22)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 15 distinct citers.
discussed Cited as authority (rule) MONTE DAVIS v. LAND-RON, INC.
Ga. Ct. App. · 2024 · confidence medium
Such a case cannot be appealed as a final judgment under OCGA § 5-6-34 (a) (1)[.]”) (punctuation omitted); 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.”); Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007) (although the trial court announced at the sentencing hearing that certain counts would be merged with others, as to each guilty verdict, “the trial court did not either (a) enter a written sentence, or (b) enter a written notation t…
discussed Cited as authority (rule) Latasha Morris v. State (2×)
Ga. Ct. App. · 2024 · confidence medium
Probation,” such total appears to be imposed only for the DUI count. 1 judgments, that is to say, where the case is no longer pending in the court below.” See Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007) (although the trial court announced at the sentencing hearing that certain counts would be merged with others, “the trial court did not either (a) enter a written sentence, or (b) enter a written notation that the count merged into another” as to each guilty verdict; the “case thus was not ripe for appeal at that time even though the trial court did enter a written ju…
discussed Cited as authority (rule) Christopher Bernard Dixon v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2022 · confidence medium
See Perry v. State, 329 Ga. App. 121, 121 ( 764 SE2d 178 ) (2014); Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007); see also McCulley v. State, 273 Ga. 40, 43 (4), n. 3 ( 537 SE2d 340 ) (2000); Livingston v. State, 221 Ga. App. 563, 564-568 (1) ( 472 SE2d 317 ) (1996).
discussed Cited as authority (rule) Tammy Terrell Smith v. State
Ga. Ct. App. · 2018 · confidence medium
“After such entry, the case may be transmitted to this [C]ourt for re-docketing because the notice of appeal, prematurely filed, then will have ripened.” Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
discussed Cited as authority (rule) Jumar Greer v. State
Ga. Ct. App. · 2017 · confidence medium
(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) Perry v. the State
Ga. Ct. App. · 2014 · confidence medium
“After such entry, the case may be transmitted to this [C] ourt for re-docketing because the notice of appeal, prematurely filed, then will have ripened.” (Footnote omitted.) Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
discussed Cited as authority (rule) Tania Harless v. State (2×)
Ga. Ct. App. · 2014 · confidence medium
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 as authority (rule) Harless v. State (2×)
Ga. Ct. App. · 2014 · confidence medium
See Keller v. State, 275 Ga. 680, 681 ( 571 SE2d 806 ) (2002); Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
cited Cited as authority (rule) Keno Rolland v. State
Ga. Ct. App. · 2012 · confidence medium
Id.; Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
discussed Cited "see" Alvin Daniels v. State (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007) (where trial court does not enter a written sentence or written notation of merged counts for sentencing purposes, a case is unripe for appeal).
examined Cited "see" Rolland v. State (3×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
examined Cited "see" Keno Rolland v. State (3×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
discussed Cited "see, e.g." State v. Riggs (2×)
Ga. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007).
discussed Cited "see, e.g." State v. Riggs (2×)
Ga. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007). 6 approach; indeed, there is no single “Code section applicable to” Riggs’s various crimes.
discussed Cited "see, e.g." Schlanger v. State (2×)
Ga. Ct. App. · 2008 · signal: compare · confidence medium
Compare Bass v. State, 284 Ga. App. 331, 332 ( 643 SE2d 851 ) (2007) (when the trial court fails entirely to enter a written sentence on one or more counts, the case remains pending in the trial court and is not a final judgment ripe for review).
Bass
v.
the State
A06A1663.
Court of Appeals of Georgia.
Mar 20, 2007.
643 S.E.2d 851
Brian Steel, for appellant., Charles M. Ferguson, District Attorney, for appellee.
Phipps, Smith, Ruffin.
Cited by 15 opinions  |  Published
Phipps, Judge.

It is this court’s duty to raise and resolve questions of its jurisdiction. [1] Having determined that this court lacks jurisdiction over this case, we remand it with direction to the trial court.

[*332] Ronald Bass was found guilty of all charges in a 24-count indictment. At the sentencing hearing, the court orally announced that it found that Counts 5, 7, 9, 16, 18, 20, and 22 merged with Counts 4, 6,10,15,17,19, and 21, respectively. The record shows that in May 1999 the trial court entered written sentences on Counts 1, 2, 3, 4, 6, 8, 10, 11, 12, 13, 15, 17, 19, 21, and 23, but made no notation on any such written sentence that Counts 5, 7, 9, 16, 18, 20, and 22 merged with any other count for purposes of sentencing. Moreover, with respect to Counts 14 and 24, the trial court entered no written sentence and made neither oral nor written notation of any merger. [2]

In Keller v. State, 3 the Supreme Court of Georgia set forth the bright line rule: “[W]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) (l).” [4] 5With respect to each count of which Bass was found guilty, the trial court did not either (a) enter a written sentence, or (b) enter a written notation that the count merged into another for purposes of sentencing. “[Bass’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 ... other counts of the indictment.” [5]

“Under OCGA § 5-6-34 (a) (1), [Bass] ha[s] 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.” [6] But, because of the facts outlined above, this case is still pending in the court below. Therefore, this case is removed from this court’s docket and remanded. With respect to each of the 24 counts of which Bass was found guilty, the trial court is hereby directed to either (a) enter a written sentence, or (b) enter a written notation that the count merged into another for purposes of sentencing — thereby, in writing, disposing of all 24 counts of which Bass was found guilty. After such entry, the case may be transmitted to this court for re-docketing because the notice of appeal, prematurely filed, then will have ripened. [7]

Case remanded with direction.

Smith, P. J., and Ruffin, J., concur. [*333] Decided March 20, 2007. Brian Steel, for appellant. Charles M. Ferguson, District Attorney, for appellee.
1

Andrews v. State, 276 Ga. App. 428, 430 (1) (623 SE2d 247) (2005).

2

Bass’s brief sets forth his understanding of the sentences and mergers, but omits any specific reference to either a sentence or merger for Counts 14 and 24. The state’s brief merely summarizes, “Sentences were imposed.”

6

Id. at 680 (punctuation omitted).

7

See Heard v. State, 274 Ga. 196, 197 (1), n. 2 (552 SE2d 818) (2001); McCulley v. State, 273 Ga. 40, 43, n. 3 (537 SE2d 340) (2000).