Alonzo Hunter v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 06, 2023

The Court of Appeals hereby passes the following order:

A23A0959. ALONZO HUNTER v. THE STATE.

A jury found Alonzo Hunter guilty of possession of a firearm by a convicted felon and speeding, and the trial court sentenced him on August 29, 2022. On September 14, 2022, Hunter filed a notice of appeal. Five days later, he filed a motion for new trial. The trial court transmitted the record based upon the timely notice of appeal. We, however, lack jurisdiction. “Where a notice of appeal and a motion for new trial are timely filed, even though the former precedes the latter, the notice of appeal is rendered premature until disposition of the motion for new trial.” Brown v. State, 208 Ga. App. 726, 726 (431 SE2d 726) (1993). Because Hunter filed a timely motion for new trial – even though he did so after filing a notice of appeal – jurisdiction remains with the trial court. See Jones v. State, 309 Ga. App. 149, 149 (1) (709 SE2d 593) (2011). We thus lack jurisdiction over the instant appeal, which is hereby DISMISSED. See Minter v. State, 229 Ga. 804, 804 (194 SE2d 462) (1972).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/06/2023 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.