Orders, decisions, or judgments appealable; defendant’s right to cross appeal

(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals and the Supreme Court in criminal cases and adjudication of delinquency cases in the following instances: (1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or a petition alleging that a child has committed a delinquent act, or any count thereof; Page: 761 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 Date: 06/14/13 Time: 12:58:36 GA RV 13 RV 4(T4-6) - EP APPEAL OR CERTIORARI—CRIMINAL CASES (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment excluding any other evidence to be used by the state at trial on any motion filed by the state or defendant at least 30 days prior to trial and ruled on prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first, if: (A) Notwithstanding the provisions of Code Section 5-6-38, the notice of appeal filed pursuant to this paragraph is filed within two days of such order, decision, or judgment; and (B) The prosecuting attorney certifies to the trial court that such appeal is not taken for purpose of delay and that the evidence is a substantial proof of a material fact in the proceeding; (6) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (7) (For effective date, see note.) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to Code Section 15-11-560 or subsection (b) of Code Section 17-7-50.1; (8) From an order, decision, or judgment of a court granting a motion for new trial or an extraordinary motion for new trial; (9) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy; or (10) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2. (b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. (c) In any instance in which the defendant in a criminal case applies for and is granted an interlocutory appeal as provided in Code Section Page: 762 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 GA RV 13 RV 4(T4-6) - EP APPEAL AND ERROR Date: 06/14/13 Time: 12:58:36 5-6-34 or an appeal is taken pursuant to Code Section 17-10-35.1, the state shall have the right to cross appeal on any matter ruled on prior to the impaneling of a jury or the defendant being put in jeopardy. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. The state shall not be required to obtain a certificate of immediate review for such cross appeal. (Ga. L. 1973, p. 297, § 1; Ga. L. 1984, p. 22, § 5; Ga. L. 1994, p. 311, § 1; Ga. L. 1994, p. 1012, § 28; Ga. L. 2000, p. 20, § 3; Ga. L. 2000, p. 862, § 2; Ga. L. 2003, p. 247, § 2; Ga. L. 2005, p. 20, § 3/HB 170; Ga. L. 2006, p. 379, § 3/HB 1059; Ga. L. 2012, p. 899, § 1-1/HB 1176; Ga. L. 2013, p. 141, § 5/HB 79; Ga. L. 2013, p. 222, § 1/HB 349; Ga. L. 2013, p. 294, § 4-2/HB 242.) Delayed effective date. — Paragraph (a)(7), as set out above, becomes effective January 1, 2014. For version of paragraph (a)(7) in effect until January 1, 2014, see the 2013 amendment note. The 2012 amendment, effective July 1, 2012, deleted ‘‘superior’’ preceding ‘‘court’’ in paragraph (a)(7). See the editor’s note for applicability. The 2013 amendments. — The first 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted ‘‘the Court of Appeals and the Supreme Court’’ for ‘‘the Court of Appeals of Georgia and the Supreme Court of Georgia’’ in the introductory language of subsection (a). The second 2013 amendment, effective July 1, 2013, deleted ‘‘City Court of Atlanta,’’ following ‘‘state courts,’’ in the introductory paragraph of subsection (a); in paragraph (a)(1), inserted ‘‘a’’ preceding ‘‘petition’’ and inserted a comma following ‘‘act’’; added paragraph (a)(5); redesignated former paragraphs (a)(5) through (a)(9) as present paragraphs (a)(6) through (a)(10), respectively; added ‘‘or subsection (b) of Code Section 17-7-50.1’’ at the end of paragraph (a)(7); and added subsection (c). See editor’s note for applicability. The third 2013 amendment, effective January 1, 2014, substituted ‘‘Code Section 15-11-560’’ for ‘‘subparagraph (b)(2)(B) of Code Section 15-11-28’’ in former paragraph (a)(6) (now paragraph (a)(7)). See editor’s note for applicability.