James Kurtz v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 03, 2015

The Court of Appeals hereby passes the following order:

A15A2154. JAMES KURTZ v. THE STATE.

In 2005, a jury convicted James Kurtz of several sexual offenses. In 2007, we affirmed the trial court’s denial of his motion for a new trial. Kurtz v. State, 287 Ga. App. 823 (652 SE2d 858) (2007). Kurtz later filed a motion for an evidentiary hearing and demand for a new trial, which the trial court treated as an extraordinary motion for a new trial and denied in April 2015. Kurtz then filed a notice of appeal to this Court. We lack jurisdiction.

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Thus, Kurtz is not entitled to a direct appeal from the order he challenges, and this direct appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 08/03/2015

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.