2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 7 - APPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES (§§ 5-7-1 — 5-7-6) › Section 5-7-1 - 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 or 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;
(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)
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;
(10)
From an order, decision, or judgment issued pursuant to subsection (c) of Code Section
17-10-6.2
; or
(11)
From an order, decision, or judgment that reduces the mandatory minimum sentence as provided in subsection (k) of Code Section
16-15-4
.
(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
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.
Amended by 2023 Ga. Laws 29,§ 1, eff. 7/1/2023, app. to all offenses committed on or after 7/1/2023.
Amended by 2016 Ga. Laws 626,§ 3-13, eff. 1/1/2017.
Amended by 2013 Ga. Laws 127,§ 4-2, eff. 1/1/2014.
Amended by 2013 Ga. Laws 84,§ 1, eff. 7/1/2013.
Amended by 2013 Ga. Laws 33,§ 5, eff. 4/24/2013.
Amended by 2012 Ga. Laws 709,§ I-1-1, eff. 7/1/2012.
Amended by 2006 Ga. Laws 571,§ 3, eff. 7/1/2006.
Amended by 2005 Ga. Laws 8,§ 3, eff. 7/1/2005.
Amended by 2003 Ga. Laws 37,§ 2, eff. 5/27/2003.