State v. Clark

Phipps, Judge.

The state appeals from the trial court’s order granting Robert Clark’s post-conviction motion under OCGA § 5-5-41 (c) (13) for DNA testing. In Case No. A05A1199, the state filed a direct appeal of the trial court’s order. This court subsequently granted the state’s motion for an emergency stay and application for a discretionary appeal (Case No. A05A0958). In the order granting the discretionary appeal, we instructed the parties to address the issue of our jurisdiction. Subsequently, we granted the state’s motion to consolidate its appeals.

The state asserts it has the right to…