Gerson Antonio Bonilla v. State
CourtCourt of Appeals of Georgia
Date FiledNovember 9, 2026
DocketA27A0598
StatusPublished
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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.