State v. Nikolai Chea

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 09, 2026

The Court of Appeals hereby passes the following order:

A26I0137. THE STATE v. NIKOLAI CHEA.

Nikolai Chea was indicted, together with three co-defendants, for felony
murder, aggravated assault, and possession of a firearm during commission of a felony.
Prior to trial, Chea moved to suppress certain identification evidence that arguably
showed his participation in the crimes at issue. Following a hearing, the trial court
granted that motion on February 6, 2026. The State then sought and obtained a
certificate of immediate review and on February 12, 2026, it filed this application for
interlocutory appeal. We lack jurisdiction.
The right of the State to appeal in criminal cases is derived statutorily from
OCGA § 5-7-1(a) — i.e., that statute “establishes the universe of appeals the State is
permitted to seek in criminal cases[.]” State v. Wheeler, 310 Ga. 72, 74(1) (849 SE2d
401) (2020) (citation and punctuation omitted). Under OCGA § 5-7-1 (a), the State
may appeal an order to suppress or exclude evidence provided certain conditions are
met. OCGA § 5-7-1(a)(4), (5). And where the order at issue suppresses evidence on
any grounds other than that the evidence was illegally seized, the statute requires that
the notice of appeal be filed within two days of the order sought to be appealed and
that the prosecuting attorney certify to the trial court “that such appeal is not taken
for purpose of delay and that the evidence is a substantial proof of a material fact in the
proceeding[.]” OCGA § 5-7-1(a)(5)(A), (B).
Here, the State satisfied neither of these requirements. The application was not
filed until six days following entry of the suppression order, and the State failed to
provide the required certificate. Given these facts, we lack jurisdiction to consider the
application. See State v. Arroyo, 315 Ga. 582, 583 (883 SE2d 781) (2023) (“appellate
courts do not have jurisdiction to entertain an appeal filed by the State in a criminal
case that falls outside the ambit of [OCGA § 5-7-1 ].”) (citation and punctuation
omitted); State v. Outen, 289 Ga. 579, 581 (714 SE2d 581) (2011) (State’s failure to
comply with the requirements of OCGA § 5-7-1 deprives appellate court of
jurisdiction). Accordingly, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/09/2026
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.