Hose v. State

Court of Appeals of Georgia

Hose v. State

285 S.E.2d 588, 159 Ga. App. 842, 1981 Ga. App. LEXIS 2842

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1981

Docket62270

StatusPublished

Cited by2 cases

This text of 285 S.E.2d 588 (Hose v. State) is published on Counsel Stack Legal Research, covering Court of Appeals 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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Hose v. State, 285 S.E.2d 588, 159 Ga. App. 842, 1981 Ga. App. LEXIS 2842 (Ga. Ct. App. 1981).

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Opinion

Birdsong, Judge.

Appellant was tried by jury on June 26,1978 for armed robbery, convicted and sentenced to serve 20 years. He filed a motion for new trial pro se on July 6,1978, and through appointed counsel on July 27, 1978. The record reflects that the motions for new trial were heard on September 29, 1978, and orally denied on that date. The trial court confirmed the oral denial in writing on September 18, 1980, after inquiry as to disposition from the Department of Offender Rehabilitation. The appellant Hose filed a notice of appeal to this court on April 7,1981. The record also reflects that appellant Hose has filed a writ of habeas corpus; however, there is no indication that an out-of-time appeal has been sought or granted.

The face of the record shows that appellant Hose was on notice as early as September 29,1978 and not later than September 18,1980 that his motion for new trial had been denied. Yet no notice of appeal was filed in this case until April 7,1981, a period well in excess of six months, assuming the latest date.

The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate courts. This court is without jurisdiction to review the judgment entered below because of appellant’s failure to perfect his appeal pursuant to the Appellate Practice Act. Freeman v. State, 154 Ga. App. 344 (268 SE2d 727); Smith v. State, 140 Ga. App. 492 (231 SE2d 493).

Appeal dismissed.

Shulman, P. J., and Sognier, J., concur.

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Birdsong, Judge.

Appellant was tried by jury on June 26,1978 for armed robbery, convicted and sentenced to serve 20 years. He filed a motion for new trial pro se on July 6,1978, and through appointed counsel on July 27, 1978. The record reflects that the motions for new trial were heard on September 29, 1978, and orally denied on that date. The trial court confirmed the oral denial in writing on September 18, 1980, after inquiry as to disposition from the Department of Offender Rehabilitation. The appellant Hose filed a notice of appeal to this court on April 7,1981. The record also reflects that appellant Hose has filed a writ of habeas corpus; however, there is no indication that an out-of-time appeal has been sought or granted.

The face of the record shows that appellant Hose was on notice as early as September 29,1978 and not later than September 18,1980 that his motion for new trial had been denied. Yet no notice of appeal was filed in this case until April 7,1981, a period well in excess of six months, assuming the latest date.

The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate courts. This court is without jurisdiction to review the judgment entered below because of appellant’s failure to perfect his appeal pursuant to the Appellate Practice Act. Freeman v. State, 154 Ga. App. 344 (268 SE2d 727); Smith v. State, 140 Ga. App. 492 (231 SE2d 493).

Appeal dismissed.

Shulman, P. J., and Sognier, J., concur.

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285 S.E.2d 588, 159 Ga. App. 842, 1981 Ga. App. LEXIS 2842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hose-v-state-gactapp-1981.

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