McNeese v. State

Court of Appeals of Georgia

McNeese v. State

307 S.E.2d 303, 167 Ga. App. 770, 1983 Ga. App. LEXIS 2609

CourtCourt of Appeals of Georgia

DecidedSeptember 7, 1983

Docket66576

StatusPublished

Cited by1 cases

This text of 307 S.E.2d 303 (McNeese 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

McNeese v. State, 307 S.E.2d 303, 167 Ga. App. 770, 1983 Ga. App. LEXIS 2609 (Ga. Ct. App. 1983).

Pincite

Opinion

Deen, Presiding Judge.

On November 10, 1982, the appellant was convicted of two counts of rape. On March 8,1983, the order denying his motion for new trial was filed. The appellant then filed his notice of appeal on April 8,1983,31 days after the disposition of his motion for new trial.

Accordingly, this appeal must be dismissed as the notice of appeal was not timely filed. One day late is no less a deadline infraction than being one month late. This court is without jurisdiction where the notice of appeal is not timely filed in accordance with the statutory requirements of OCGA § 5-6-38 (Code Ann. § 6-803). Ross v. State, 160 Ga. App. 380 (287 SE2d 337) (1981); Dunn v. State, 156 Ga. App. 483 (274 SE2d 828) (1980).

Appeal dismissed.

Banke and Carley, JJ., concur.

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