Baker v. State

Court of Appeals of Georgia

Baker v. State

394 S.E.2d 801, 195 Ga. App. 424, 1990 Ga. App. LEXIS 554

Court of Appeals of Georgia·Decided April 19, 1990·No. A90A0842·Published·Cited by 1 cases

Opinion

Deen, Presiding Judge.

Appellant Baker a/k/a Smith was convicted on April 12, 1988, on four charges of rape. On May 11, 1988, he filed a motion for new trial, and the motion was denied April 19, 1989. On May 22, 1989, he filed a notice of appeal in the Superior Court of Lowndes County.

Examination of the record indicates that the instant appeal was filed more than the statutorily permissible thirty days after the denial of the motion for new trial. OCGA § 5-6-38 (a). Appellant filed no request for an extension of time. OCGA § 5-6-39. This court therefore has no jurisdiction over the appeal, and it must be dismissed.

Appeal dismissed.

Pope and Beasley, JJ., concur.

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Deen, Presiding Judge.

Appellant Baker a/k/a Smith was convicted on April 12, 1988, on four charges of rape. On May 11, 1988, he filed a motion for new trial, and the motion was denied April 19, 1989. On May 22, 1989, he filed a notice of appeal in the Superior Court of Lowndes County.

Examination of the record indicates that the instant appeal was filed more than the statutorily permissible thirty days after the denial of the motion for new trial. OCGA § 5-6-38 (a). Appellant filed no request for an extension of time. OCGA § 5-6-39. This court therefore has no jurisdiction over the appeal, and it must be dismissed.

Appeal dismissed.

Pope and Beasley, JJ., concur.

Baker v. State, 394 S.E.2d 801, 195 Ga. App. 424, 1990 Ga. App. LEXIS 554 (Ga. Ct. App. 1990).

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Opinion

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