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Pitts v. State

328 S.E.2d 732, 254 Ga. 298, 1985 Ga. LEXIS 682
Supreme Court of Georgia·Decided April 30, 1985·No. 42151·Published·Cited by 17 cases

Opinions

Gregory, Justice.

The appellant, Carlton Pitts, was convicted of murder in Bibb Superior Court and sentenced to life imprisonment. This court affirmed his conviction. Pitts v. State, 253 Ga. 461 (321 SE2d 708) (1984). The appellant brings this direct appeal from the trial court’s order denying his Extraordinary Motion for New Trial.

Effective July 1, 1984, OCGA § 5-6-35 was amended to require applications to appeal orders denying extraordinary motions for new trial when separate from an original appeal. OCGA § 5-6-35 (a) (7), Ga. L. 1984, p. 599. We have rendered a decision applying this section to a civil case, American Druggist Ins. Co. v. Harris, 253 Ga. 535 (322 SE2d 496) (1984). We now hold it applies to criminal cases as well. There being no application to appeal the trial court’s order in this case, the appeal is dismissed.

Appeal dismissed.

All the Justices concur, except Smith, J., who dissents.

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Pitts v. State, 328 S.E.2d 732, 254 Ga. 298, 1985 Ga. LEXIS 682 (Ga. 1985).

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