Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 21, 2021
The Court of Appeals hereby passes the following order:
A22A0225. HERSCHEL GERALD BYRD v. THE STATE.
In 2007, Herschel G. Byrd pleaded guilty to voluntary manslaughter and
possession of a firearm by a convicted felon. Other charges against Byrd were dead-
docketed. In 2019, we affirmed Byrd’s convictions in an unpublished opinion. See
Byrd v. State, Case Nos. A18A1589, A18A1593, Feb. 19, 2019. Byrd has continued
to file numerous motions in the case. In 2020, the trial court entered an “Omnibus
Denial Order,” denying Byrd’s motions due to the case’s dead-docketing. Byrd filed
this direct appeal. We lack jurisdiction.
This case is controlled by our Supreme Court’s recent decision in Seals v. State,
___ Ga. ___ (860 SE2d 419) (2021), which held that, when a count of the indictment
is dead-docketed, the case remains pending below. So, to pursue an appeal, the
defendant must follow the procedures for an interlocutory appeal, including obtaining
a certificate of immediate review from the trial court and filing an application with
the appellate court. See OCGA § 5-6-34 (b); Seals, ___ Ga. at ___. Because Byrd
failed to follow the interlocutory appeal procedures, this appeal is hereby
DISMISSED for lack of jurisdiction. See Id.; Boyd v. State, 191 Ga. App. 435, 435
(383 SE2d 906) (1989).
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/21/2021
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.