Clarence Darral Ruffin v. State

• Court: Court of Appeals of Georgia
• Decided: January 19, 2017
• Docket: A17A0803
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 09, 2017

The Court of Appeals hereby passes the following order:

A17A0803. CLARENCE DARRAL RUFFIN v. THE STATE.

The trial court entered an order denying Clarence Ruffin’s motion for an out- of-time appeal on September 21, 2016. On November 18, 2016, Ruffin filed a notice of appeal to this Court. We lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Ruffin’s notice of appeal is untimely, as it was filed 58 days after the order denying his motion for an out-of-time appeal. Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/09/2017 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.