Court of Appeals of Georgia.

Attorney(s) appearing for the Case

Dustin Tate, for Appellant.

Donald R. Donovan , for Appellee.

Anthony Brett Williams , for Appellee.


In 2002, Dustin Tate pled guilty to murder and other crimes. In 2016, he filed a motion to vacate a void sentence, which the trial court denied. Tate now appeals to this Court. We, however, 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 S.E.2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 S.E.2d 711) (1984) (directing this Court to transfer "all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder"). Accordingly, Tate's appeal is hereby TRANSFERRED to the Supreme Court for disposition.


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