Michael J. Hill v. State

• Court: Court of Appeals of Georgia
• Decided: September 24, 2012
• Docket: A13A0018
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ September 24, 2012

The Court of Appeals hereby passes the following order:

A13A0018. MICHAEL J. HILL v. THE STATE.

Michael J. Hill was found guilty of possession of marijuana (less than one ounce), driving with a suspended license, and driving a motor vehicle with improper registration. After the trial court granted Hill’s motion for out of time appeal on May 2, 2012, Hill filed a notice of appeal on August 13, 2012, 103 days later, rendering his appeal untimely. A defendant granted an out-of-time appeal by the trial court will have 30 days from the grant of the motion to file a notice of appeal. See Carr v. State, 281 Ga. 43, 44 (635 SE2d 767) (2006); Rowland v. State, 264 Ga. 872, 876 (2) (452 SE2d 756) (1995). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Because Hill filed his notice of appeal 103 days after entry of the order granting his out-of-time appeal, his appeal is DISMISSED as untimely. The failure of Hill’s counsel to file an out-of-time appeal within 30 days after entry of the order granting leave to file such an appeal may serve as an independent basis for a second motion for out-of-time appeal. See Rowland v. State, supra. Hill is therefore informed of the following in accordance with Rowland v. State, supra: This appeal has been dismissed because of your counsel’s failure to file a timely notice of appeal. If you still wish to appeal, you may petition the trial court for leave to file an out-of-time appeal. If the trial court enters an order granting your request, you will have 30 days from the filing date of that order to file a notice of appeal referencing your conviction. If the trial court enters an order denying your request, you will have 30 days from the filing date of that order to file a notice of appeal referencing the denial of your request for an out-of-time appeal.

The Clerk of Court is directed to send a copy of this order to Hill as well as Hill’s attorney, and the latter is also directed to send a copy to Hill.

Court of Appeals of the State of Georgia 09/24/2012 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.