Katie Smith v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ February 21, 2013

The Court of Appeals hereby passes the following order:

A13A1100. KATIE SMITH v. THE STATE.

Katie Smith pled guilty to DUI and other crimes. The trial court entered a judgment of conviction and sentence on August 29, 2012. Thirty-four days later, on October 2, 2012, Smith 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 Smith’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 02/21/2013 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.