Reena Walker v. State

• Court: Court of Appeals of Georgia
• Decided: December 26, 2024
• Docket: A25A0889
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 26, 2024

The Court of Appeals hereby passes the following order:

A25A0889. REENA WALKER v. THE STATE.

Reena Walker was convicted of failure to maintain lane in probate court in July 2024. The superior court affirmed the conviction on October 4, 2024. Walker then filed a motion for reconsideration, which the superior court denied on November 4, 2024. On November 7, 2024, Walker filed this notice of appeal. We, however, lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the judgment or trial court 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. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). A motion for reconsideration does not extend the time for filing an appeal, and the denial of a motion for reconsideration is not appealable in its own right. See Bell v. Cohran, 244 Ga. App. 510, 510-511 (536 SE2d 187) (2000). Here, Walker’s notice of appeal was untimely filed 34 days after entry of the October 3 order affirming her conviction. Her motion for reconsideration did not extend the time to appeal from that order, and the November 4 denial of her motion for reconsideration is not itself appealable. See OCGA § 5-6-35 (d); Bell, 244 Ga. App. at 510-511. Accordingly, we are without jurisdiction to consider this appeal, which is hereby DISMISSED. See Perlman, 318 Ga. App. at 739 (4).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/26/2024 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.