Paytee v. State

Court of Appeals of Georgia

Paytee v. State

380 S.E.2d 92, 190 Ga. App. 291, 1989 Ga. App. LEXIS 211, 1989 WL 48689

Court of Appeals of Georgia·Decided February 13, 1989·No. A89A0359·Published·Cited by 3 cases

Opinions

Beasley, Judge.

Defendant, convicted of violations of the Georgia Controlled Substances Act, OCGA § 16-13-30, appeals from a judgment entered on October 6, 1987. His notice of appeal was filed on January 21, 1988. By an order dated January 25 and entered on February 2 the trial court denied his motion for out-of-time appeal, made by the public defender, after the court found “no good and sufficient reason” was shown for granting it. No reason is asserted by counsel in the record. The order of denial is not appealed from and is ignored by appellant.

[292] Defendant’s out-of-time appeal must be dismissed for failure to follow the prerequisites of OCGA § 5-6-38 (a). McKinney v. State, 187 Ga. App. 702 (371 SE2d 196) (1988); Knox v. State, 180 Ga. App. 564 (349 SE2d 753) (1986). See Martin v. State, 185 Ga. App. 145 (1) (363 SE2d 765) (1987); Shirley v. State, 188 Ga. App. 357, 359-361 (373 SE2d 257) (1988).

Appeal dismissed.

Carley, C. J., Deen, P. J., Birdsong, Sognier, and Pope, JJ., concur. McMurray, P. J., Banke, P. J., and Benham, J., dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

Beasley, Judge.

Defendant, convicted of violations of the Georgia Controlled Substances Act, OCGA § 16-13-30, appeals from a judgment entered on October 6, 1987. His notice of appeal was filed on January 21, 1988. By an order dated January 25 and entered on February 2 the trial court denied his motion for out-of-time appeal, made by the public defender, after the court found “no good and sufficient reason” was shown for granting it. No reason is asserted by counsel in the record. The order of denial is not appealed from and is ignored by appellant.

[292] Defendant’s out-of-time appeal must be dismissed for failure to follow the prerequisites of OCGA § 5-6-38 (a). McKinney v. State, 187 Ga. App. 702 (371 SE2d 196) (1988); Knox v. State, 180 Ga. App. 564 (349 SE2d 753) (1986). See Martin v. State, 185 Ga. App. 145 (1) (363 SE2d 765) (1987); Shirley v. State, 188 Ga. App. 357, 359-361 (373 SE2d 257) (1988).

Appeal dismissed.

Carley, C. J., Deen, P. J., Birdsong, Sognier, and Pope, JJ., concur. McMurray, P. J., Banke, P. J., and Benham, J., dissent.

Paytee v. State, 380 S.E.2d 92, 190 Ga. App. 291, 1989 Ga. App. LEXIS 211, 1989 WL 48689 (Ga. Ct. App. 1989).

Pincite

380 S.E.2d 92 (Paytee v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related