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

CourtCourt of Appeals of Georgia

DecidedFebruary 13, 1989

DocketA89A0359

StatusPublished

Cited by3 cases

This text of 380 S.E.2d 92 (Paytee 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.

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

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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]*292Defendant’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.

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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]*292Defendant’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.

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380 S.E.2d 92, 190 Ga. App. 291, 1989 Ga. App. LEXIS 211, 1989 WL 48689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paytee-v-state-gactapp-1989.

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