Randy J. Harmon, Jr. v. State

• Court: Court of Appeals of Georgia
• Decided: February 11, 2019
• Docket: A19A1185
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 30, 2019

The Court of Appeals hereby passes the following order:

A19A1185. RANDY J. HARMON, JR. v. THE STATE.

In 2010, Randy J. Harmon, Jr., pleaded guilty to theft by receiving stolen property. He later filed two motions to vacate a void sentence, as well as two amendments to those motions. The trial court denied the motions in two orders entered on April 18, 2018. On May 24, 2018, Harmon filed a notice of appeal to this Court. We, however, lack jurisdiction. A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Harmon’s notice of appeal, filed 36 days after entry of the orders he wishes to appeal, was untimely. Consequently – and pretermitting whether a direct appeal otherwise would lie from those orders – we lack jurisdiction over this untimely appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/30/2019 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.