Sharese McCowan v. State

Court of Appeals of Georgia

Sharese McCowan v. State

DecidedJanuary 25, 2016

DocketA16A0450

StatusPublished

This text of Sharese McCowan v. State (Sharese McCowan 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.

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Sharese McCowan v. State, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 11, 2016

The Court of Appeals hereby passes the following order:

A16A0450, A16A0451. SHARESE MCCOWAN v. THE STATE.

Sharese McCowan pled guilty to three counts of armed robbery and one count of aggravated assault. On June 21, 2013, McCowan was sentenced to 40 years, 20 to serve and the remainder on probation. McCowan filed a notice of appeal on September 17, 2013, presumably from her conviction. McCowan did not specify the order from which she was appealing, but the record shows that no other appealable order was entered between the disposition and the filing of her notice of appeal. That case was docketed in this Court as Case No. A16A0450. McCowan also filed a motion for out-of-time appeal on September 17, 2013. The trial court denied the motion on October 21, 2014, and McCowan filed a notice of appeal from that order on December 8, 2014. The latter case was docketed in this Court as Case No. A16A0451. We lack jurisdiction in both cases. To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See 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. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). McCowan filed her first notice of appeal 88 days after entry of the judgment of conviction. She filed her notice of appeal from the denial of her motion for an out-of- time appeal 48 days after the order she sought to appeal. Therefore, the notices of appeal filed in both cases are untimely. Accordingly, these appeals are hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 01/11/2016 Clerk’s Office, Atlanta,____________________ 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ January 11, 2016

The Court of Appeals hereby passes the following order:

A16A0450, A16A0451. SHARESE MCCOWAN v. THE STATE.

Sharese McCowan pled guilty to three counts of armed robbery and one count of aggravated assault. On June 21, 2013, McCowan was sentenced to 40 years, 20 to serve and the remainder on probation. McCowan filed a notice of appeal on September 17, 2013, presumably from her conviction. McCowan did not specify the order from which she was appealing, but the record shows that no other appealable order was entered between the disposition and the filing of her notice of appeal. That case was docketed in this Court as Case No. A16A0450. McCowan also filed a motion for out-of-time appeal on September 17, 2013. The trial court denied the motion on October 21, 2014, and McCowan filed a notice of appeal from that order on December 8, 2014. The latter case was docketed in this Court as Case No. A16A0451. We lack jurisdiction in both cases. To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See 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. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). McCowan filed her first notice of appeal 88 days after entry of the judgment of conviction. She filed her notice of appeal from the denial of her motion for an out-of- time appeal 48 days after the order she sought to appeal. Therefore, the notices of appeal filed in both cases are untimely. Accordingly, these appeals are hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 01/11/2016 Clerk’s Office, Atlanta,____________________ 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.

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Sharese McCowan v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharese-mccowan-v-state-gactapp-2016.

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