Sayre v. State

Court of Appeals of Georgia

Sayre v. State

299 S.E.2d 749, 165 Ga. App. 225, 1983 Ga. App. LEXIS 1826

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1983

Docket65424

StatusPublished

This text of 299 S.E.2d 749 (Sayre 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

Sayre v. State, 299 S.E.2d 749, 165 Ga. App. 225, 1983 Ga. App. LEXIS 1826 (Ga. Ct. App. 1983).

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Opinion

Banke, Judge.

The appellant’s probation was revoked by order of the trial court dated August 23,1982, and filed August 25,1982. The notice of appeal was filed on October 6, 1982. Held:

“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) [OCGA § 5-6-38]. The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804 [OCGA § 5-6-39].” Neal v. State, 232 Ga. 96 (205 SE2d 284) (1974). In this case no extension was obtained; and consequently we are without jurisdiction to consider the appeal. See Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530) (1972).

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Banke, Judge.

The appellant’s probation was revoked by order of the trial court dated August 23,1982, and filed August 25,1982. The notice of appeal was filed on October 6, 1982. Held:

“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) [OCGA § 5-6-38]. The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804 [OCGA § 5-6-39].” Neal v. State, 232 Ga. 96 (205 SE2d 284) (1974). In this case no extension was obtained; and consequently we are without jurisdiction to consider the appeal. See Jordan v. Caldwell, 229 Ga. 343 (191 SE2d 530) (1972).

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Bluebook (online)

299 S.E.2d 749, 165 Ga. App. 225, 1983 Ga. App. LEXIS 1826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sayre-v-state-gactapp-1983.

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