Sylvester Smith v. State

• Court: Court of Appeals of Georgia
• Decided: October 16, 2024
• Docket: A25A0338
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 16, 2024

The Court of Appeals hereby passes the following order:

A25A0338. SYLVESTER SMITH v. THE STATE.

Sylvester Smith pled guilty to aggravated assault and other offenses in March 2024. He filed a motion to modify sentence in July 2024, which the trial court denied on July 22, 2024. Forty-nine days later, on September 9, 2024, Smith filed a 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. 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 Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because Smith’s notice of appeal was not timely filed, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/16/2024 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.