Cook v. State

Supreme Court of Georgia

Cook v. State

647 S.E.2d 52, 282 Ga. 236, 2007 Fulton County D. Rep. 1965, 2007 Ga. LEXIS 473

CourtSupreme Court of Georgia

DecidedJune 25, 2007

DocketS07A0810

StatusPublished

Cited by1 cases

This text of 647 S.E.2d 52 (Cook v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cook v. State, 647 S.E.2d 52, 282 Ga. 236, 2007 Fulton County D. Rep. 1965, 2007 Ga. LEXIS 473 (Ga. 2007).

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Opinion

HUNSTEIN, Presiding Justice.

Terry O’Neal Cook, who was convicted and sentenced for murder and other crimes in August 1997, filed a motion for out of time appeal. The trial court denied the motion because Cook’s motion for new trial was still pending at the time. Cook appeals that order. Because Cook had not lost his opportunity to appeal his conviction at that time, see OCGA § 5-6-38 (a) (notice of appeal timely when filed within 30 days of denial of motion for new trial), the trial court did not err by denying Cook’s motion for out of time appeal.

Judgment affirmed.

All the Justices concur. *237 Decided June 25, 2007. Terry O’Neal Cook, pro se. Peter J. Skandalakis, District Attorney, Lynda S. Caldwell, Assistant District Attorney, Thurbert E. Baker, Attorney General, Amy E. Morelli, Assistant Attorney General, for appellee.

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HUNSTEIN, Presiding Justice.

Terry O’Neal Cook, who was convicted and sentenced for murder and other crimes in August 1997, filed a motion for out of time appeal. The trial court denied the motion because Cook’s motion for new trial was still pending at the time. Cook appeals that order. Because Cook had not lost his opportunity to appeal his conviction at that time, see OCGA § 5-6-38 (a) (notice of appeal timely when filed within 30 days of denial of motion for new trial), the trial court did not err by denying Cook’s motion for out of time appeal.

Judgment affirmed.

All the Justices concur. *237 Decided June 25, 2007. Terry O’Neal Cook, pro se. Peter J. Skandalakis, District Attorney, Lynda S. Caldwell, Assistant District Attorney, Thurbert E. Baker, Attorney General, Amy E. Morelli, Assistant Attorney General, for appellee.

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647 S.E.2d 52, 282 Ga. 236, 2007 Fulton County D. Rep. 1965, 2007 Ga. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-ga-2007.

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