Damon Zeigler v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 19, 2018

The Court of Appeals hereby passes the following order:

A18A1625. DAMON ZEIGLER v. THE STATE.

In 2001, a jury found Damon Zeigler guilty of two counts of armed robbery, two counts of possession of a firearm during the commission of a felony, and two counts of possession of a firearm by a convicted felon. We affirmed his convictions on direct appeal. Ziegler v. State, 270 Ga. App. 787 (608 SE2d 230) (2004).

In April 2016, Zeigler filed a motion to quash re-indictment, which the trial court denied on June 30, 2016. Ziegler filed a motion for reconsideration, which the trial court denied on March 7, 2018. Zeigler filed a notice of appeal from the denial of his motion for reconsideration on March 16, 2018. We, however, lack jurisdiction.

A notice of appeal must be filed within 30 days after entry of an appealable order. 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). The denial of a motion for reconsideration is not directly appealable, and the filing of such a motion does not extend the time for filing an appeal. Bell v. Cohran, 244 Ga. App. 510, 510-511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271-272 (326 SE2d 5) (1985).

Here, Zeigler filed his notice of appeal more than 30 days after the trial court denied his motion to quash re-indictment. Thus, Zeigler’s notice of appeal is invalid as to the order denying his motion for reconsideration and untimely as to the order denying his motion to quash re-indictment. Accordingly, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/19/2018

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.