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Taylor v. State

327 S.E.2d 860, 173 Ga. App. 745, 1985 Ga. App. LEXIS 1678
CourtCourt of Appeals of Georgia
DecidedMarch 8, 1985
Docket69284
StatusPublished
Cited by10 cases

This text of 327 S.E.2d 860 (Taylor 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
Taylor v. State, 327 S.E.2d 860, 173 Ga. App. 745, 1985 Ga. App. LEXIS 1678 (Ga. Ct. App. 1985).

Opinion

Beasley, Judge.

Defendant was sentenced on March 15, 1983, and filed a motion for new trial April 11,1983. On June 25,1984, defendant withdrew his motion for new trial, stating that he was electing to proceed by direct appeal to this court, and filed notice of appeal to this court on the same date.

OCGA § 5-6-38 provides that notice of appeal shall be filed within 30 days after entry of an appealable judgment, “but when a motion for new trial . . . has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” (Emphasis supplied.)

As defendant voluntarily abandoned his motion for new trial and there is no order of the court disposing of the motion nor any order granting an extension of time or a delayed appeal, there is no extension beyond the 30 days permitted after entry of the judgment. Therefore the appeal must be dismissed for failure to timely file notice of appeal. “Even as to criminal cases, ‘ “the proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.” ’ [Cits.] No extension of the time for filing having been granted, the appeal was untimely.” Grant v. State, 157 Ga. App. 390 (278 SE2d 53) (1981).

Appeal dismissed.

Birdsong, P. J., and Carley, J., concur. *746 Decided March 8, 1985. H. Haywood Turner III, for appellant. William J. Smith, District Attorney, Bradford R. Pierce, Assistant District Attorney, for appellee.

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Cite This Page — Counsel Stack

Bluebook (online)
327 S.E.2d 860, 173 Ga. App. 745, 1985 Ga. App. LEXIS 1678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-gactapp-1985.