Raymond v. State

Court of Appeals of Georgia

Raymond v. State

292 S.E.2d 196, 162 Ga. App. 493, 1982 Ga. App. LEXIS 2195

CourtCourt of Appeals of Georgia

DecidedJune 2, 1982

Docket64165

StatusPublished

This text of 292 S.E.2d 196 (Raymond 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.

Bluebook

Raymond v. State, 292 S.E.2d 196, 162 Ga. App. 493, 1982 Ga. App. LEXIS 2195 (Ga. Ct. App. 1982).

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Opinion

Banke, Judge.

The defendant was convicted of burglary. His motion for new trial was denied on December 23, 1981, and on January 28, 1982, he filed a notice of appeal. “ ‘A notice of appeal must be filed within thirty days after entry of the appealable judgment or within thirty days after the entry of an order disposing of a motion for new trial. Code Ann. § 6-803 (a). The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804.’ Neal v. State, 232 Ga. 96 (205 SE2d 284). Here no extension was obtained. The timely filing of a notice of appeal in accordance with the statutory requirement is essential to confer jurisdiction upon an appellate court. [Cits.]” Canup v. State, 150 Ga. App. 794 (258 SE2d 907) (1979). Accordingly, the appeal must be dismissed.

Appeal dismissed.

McMurray, P. J., and Birdsong, J., concur.

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Banke, Judge.

The defendant was convicted of burglary. His motion for new trial was denied on December 23, 1981, and on January 28, 1982, he filed a notice of appeal. “ ‘A notice of appeal must be filed within thirty days after entry of the appealable judgment or within thirty days after the entry of an order disposing of a motion for new trial. Code Ann. § 6-803 (a). The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804.’ Neal v. State, 232 Ga. 96 (205 SE2d 284). Here no extension was obtained. The timely filing of a notice of appeal in accordance with the statutory requirement is essential to confer jurisdiction upon an appellate court. [Cits.]” Canup v. State, 150 Ga. App. 794 (258 SE2d 907) (1979). Accordingly, the appeal must be dismissed.

Appeal dismissed.

McMurray, P. J., and Birdsong, J., concur.

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Bluebook (online)

292 S.E.2d 196, 162 Ga. App. 493, 1982 Ga. App. LEXIS 2195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-v-state-gactapp-1982.

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