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WEBSTER v. STATE

Supreme Court of Georgia.
Sep 21, 1983

PER CURIAM.

The trial court denied defendant's demurrer making a constitutional challenge to the method of notification used by the Department of Public Safety in revoking a driver's license. The trial court also denied his claim of double jeopardy. A certificate of immediate review was granted by the trial court. The defendant filed a notice of appeal to this court.

The constitutional question will not be reviewed because the defendant failed to make an application for interlocutory appeal as required by OCGA § 5-6-34 (b) (Code Ann. § 6-701). Jurisdiction over the appeal of the double jeopardy issue is in the Court of Appeals. Patterson v. State, 248 Ga. 875 ( 287 S.E.2d 7) (1982). Accordingly, this case is transferred to the Court of Appeals.

Transferred to Court of Appeals. All the Justices concur.

DECIDED SEPTEMBER 21, 1983.