Court of Appeals
of the State of Georgia
ATLANTA,____________________
February 08, 2017
The Court of Appeals hereby passes the following order:
A17A1030. DUSTIN TATE v. THE STATE.
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 SE2d 765) (2012)
(Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (322
SE2d 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.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/08/2017
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.
Dustin Tate v. State
Combined Opinion