Erik Leonel Lopez-Gomez v. State

• Court: Court of Appeals of Georgia
• Decided: September 21, 2016
• Docket: A17A0144
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 21, 2016

The Court of Appeals hereby passes the following order:

A17A0144. ERIK LEONEL LOPEZ-GOMEZ v. THE STATE.

In 2008, Erik Leonel Lopez-Gomez was convicted of rape and child molestation. Lopez-Gomez’s convictions were affirmed on appeal in an unpublished opinion. See Lopez-Gomez v. State, Case No. A14A0604 (decided June 26, 2014). In July 2016, Lopez-Gomez filed an extraordinary motion for new trial. The trial court denied the motion, and Lopez-Gomez filed this direct appeal. We, however, lack jurisdiction. Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure. See Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Lopez-Gomez’s failure to comply with the necessary procedure deprives us of jurisdiction over his appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 09/21/2016 Clerk’s Office, Atlanta,____________________ 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.