George Raymond Johnston III v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ March 14, 2013

The Court of Appeals hereby passes the following order:

A13A1318. GEORGE RAYMOND JOHNSTON III v. THE STATE.

George Johnston pled guilty to robbery. The trial court entered a judgment of conviction and sentence on May 12, 2011. Thirty-five days later, on June 16, 2011, Johnston filed a notice of appeal to this Court. We, however, lack jurisdiction. Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed. “[A] timely-filed notice of appeal is a jurisdictional prerequisite to a valid appeal.” Henderson v. State, 265 Ga. 317 (1) (454 SE2d 458) (1995). Because Johnston’s notice of appeal was untimely, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 03/14/2013 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.