Allen M. Cobb v. State

• Court: Court of Appeals of Georgia
• Decided: January 23, 2025
• Docket: A25A0832
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 23, 2025

The Court of Appeals hereby passes the following order:

A25A0832. ALLEN M. COBB v. THE STATE.

After a jury trial, Allen M. Cobb was convicted of aggravated assault, riot in a penal institution, and obstruction of an officer. This Court affirmed Cobb’s conviction in Cobb v. State, 348 Ga. App. 210 (820 SE2d 241) (2018). In April 2024, Cobb filed a motion to set aside void sentence, which the trial court denied on October 7, 2024. On December 6, 2024, Cobb filed a notice of appeal from the order denying his motion. Pretermitting the substantive issues this notice of appeal raises, we lack jurisdiction because this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). Here, however, Cobb filed his notice of appeal 60 days after entry of the trial court’s order. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/23/2025 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.