Quantavious Lee Jackson v. State

• Court: Court of Appeals of Georgia
• Decided: January 28, 2020
• Docket: A20A0916
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 24, 2020

The Court of Appeals hereby passes the following order:

A20A0916. QUANTAVIOUS LEE JACKSON v. THE STATE.

In 2016, a jury found Quantavious Lee Jackson guilty of four counts of trafficking persons for sexual servitude, and the trial court sentenced him to two consecutive life sentences. Jackson filed a motion for new trial, which the trial court denied on March 5, 2019. On March 7, 2019, Jackson filed a motion for supersedeas bond, which the trial court denied on March 20, 2019. Jackson filed a notice of appeal from this order on April 15, 2019. Thereafter, on April 22, 2019, Jackson filed a second notice of appeal purporting to appeal the denial of his motion for new trial. We lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Jackson did not file a notice of appeal within 30 days after entry of the order denying his motion for new trial, we lack jurisdiction to consider the appeal. Although Jackson filed a notice of appeal within 30 days of the order denying supersedeas bond, that order is moot because Jackson no longer has the right to a direct appeal from the denial of his motion for new trial. See Randolph County v. Johnson, 282 Ga. 160 (1) (646 SE2d 261) (2007) (“An appeal becomes moot if the rights insisted upon could not be enforced by a judicial determination.”). When the questions presented on appeal have become moot, the appeal is subject to dismissal. See OCGA § 5-6-48 (b) (3). For these reasons, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/24/2020 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.