Blackburn v. State

Birdsong, Judge.

This is an appeal by the defendant in a robbery case. After a jury trial ended in mistrial, the appellant sought a “Motion for Judgment Notwithstanding the Mistrial” on grounds that certain evidence should not have been admitted and the state’s case, without that evidence, is insufficient to support a verdict of guilty beyond a reasonable doubt. The appellant failed to obtain pursuant to OCGA § 5-7-2 (Code Ann. § 6-1002a) a certificate of immediate review of the trial court’s refusal to enter judgment notwithstanding the mistrial, as was done in Phillips v. State, 133 Ga. App.…