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173 Ga. App. 249
Ga. Ct. App.
1985
Beasley, Judge.

Defendant appeals the denial of his motion to suppress. Held:

Although the defendant obtained a certificate of review from the trial judge, he failed to make an application to this court for interlocutory review within 10 days after the grant of the certificate. Since an order denying a motion to suppress is not a final judgment (Cody v. State, 116 Ga. App. 331 (157 SE2d 496) (1967)), this appeal is premature and thus is subject to dismissal for failure to comply with OCGA *250§ 5-6-34 (b). Williams v. State, 148 Ga. App. 176 (251 SE2d 130) (1978).

Decided January 7, 1985. Philip L. Ruppert, for appellant. Robert E. Keller, District Attorney, William L. McKinnon, Jr., Assistant District Attorney, for appellee.

Appeal dismissed.

Birdsong, P. J., and Carley, J., concur.

Case Details

Case Name: Holton v. State
Court Name: Court of Appeals of Georgia
Date Published: Jan 7, 1985
Citations: 173 Ga. App. 249; 326 S.E.2d 240; 1985 Ga. App. LEXIS 1492; 69427
Docket Number: 69427
Court Abbreviation: Ga. Ct. App.
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