Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ November 09, 2026 The Court of Appeals hereby passes the following order: A27A0598. GERSON ANTONIO BONILLA v. THE STATE. In 2017, Gerson Antonio Bonilla entered a negotiated guilty plea to incest and four counts of child molestation for acts committed in 2014. In exchange, the State agreed to a nolle prosequi on the remaining count of aggravated child molestation. On the incest count, he was sentenced to 50 years with the first 25 years to serve in confinement and the remainder to be served on probation. On each child molestation count he was sentenced to 20 years to serve. In June 2026, Bonilla moved to vacate his sentence as void, arguing that the version of OCGA § 17-10-6.2 in effect when the crimes occurred required the court to impose a split sentence on each child molestation count, and that the incest sentence — while not void — was invalid because the void sentences invalidated the entire judgment, which was imposed as a “package deal.” The trial court granted the motion as to the child molestation counts, denied it as to the incest count, and scheduled the matter for a hearing to determine whether Bonilla desires to withdraw his guilty plea to the child molestation counts and, if he does, whether the State intends to proceed with the previously dismissed aggravated child molestation count. Bonilla then filed this direct appeal. We, however, lack jurisdiction. Under OCGA § 5-6-34(a)(1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” A criminal case generally remains pending until the trial court enters a written disposition as to each count. Keller v. State, 275 Ga. 680, 680–81 (571 SE2d 806) (2002). Here, the trial court vacated the child molestation sentences, but has not yet resentenced Bonilla on those counts. Moreover, the court’s order contemplates further proceedings. Consequently, the case remains pending below, and Bonilla was required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to obtain appellate review at this juncture. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Boyd, 191 Ga. App. at 435. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/09/2026 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.