Marshall v. State

Court of Appeals of Georgia

Marshall v. State

422 S.E.2d 677, 205 Ga. App. 531, 1992 Ga. App. LEXIS 1242

CourtCourt of Appeals of Georgia

DecidedSeptember 8, 1992

DocketA92A0982

StatusPublished

Cited by5 cases

This text of 422 S.E.2d 677 (Marshall 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.

Bluebook

Marshall v. State, 422 S.E.2d 677, 205 Ga. App. 531, 1992 Ga. App. LEXIS 1242 (Ga. Ct. App. 1992).

Pincite

Opinion

Carley, Presiding Judge.

Appellant was tried before a jury and found guilty of sale of cocaine, sale of quinine, and giving a false name to an officer. The trial court entered judgments of conviction and sentences on the jury’s verdicts on October 31, 1990. Appellant filed a motion for new trial on November 27, 1990. On November 15, 1991, however, appellant “dismissed” his motion for new trial and filed his notice of appeal on the same date.

“As [appellant] voluntarily abandoned his motion for new trial and there is no order of the court disposing of the motion nor any order granting an extension of time or a delayed appeal, there is no extension beyond the 30 days permitted after entry of the judgment. Therefore the appeal must be dismissed for failure to timely file [a] notice of appeal.” Taylor v. State, 173 Ga. App. 745 (327 SE2d 860) (1985). Compare Ailion v. Wade, 190 Ga. App. 151, 153 (2) (378 SE2d 507) (1989).

Appeal dismissed.

Pope and Johnson, JJ., concur.

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