Terrell Samuels v. State

• Court: Court of Appeals of Georgia
• Decided: August 24, 2012
• Docket: A12A2367
• Status: Published

Opinion

Court of Appeals of the State of Georgia

August 24, 2012 ATLANTA,_________________

The Court of Appeals hereby passes the following order:

A12A2367. TERRELL SAMUELS v. THE STATE.

Terrell Samuels was convicted of possession of cocaine and sentenced as a recidivist on February 5, 2010. Samuels filed a timely motion for new trial, which the trial court denied on October 25, 2010. A consent motion to allow Samuels to file an out-of-time appeal was filed on July 21, 2011, and granted on July 22, 2011. Samuels filed his notice of appeal on October 31, 2011. We lack jurisdiction. A defendant granted an out-of-time appeal by the trial court will have 30 days from the grant of the motion to file a notice of appeal. See Carr v. State, 281 Ga. 43, 44 (635 SE2d 767) (2006); Rowland v. State, 264 Ga. 872, 876 (2) (452 SE2d 756) (1995). 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). Because Samuels filed his notice of appeal 101 days after entry of the order granting his out-of-time appeal, his appeal is DISMISSED as untimely. Because Samuels was represented by counsel, we inform him of the following pursuant to Rowland v. State, 264 Ga. 872 (452 SE2d 756) (1995): This appeal has been dismissed because your counsel failed to file a timely notice of appeal. If you still wish to appeal, you may petition the trial court for leave to file an out-of-time appeal. If the trial court grants your request, you will have 30 days from the entry of that order to file a notice of appeal referencing your conviction. If the trial court denies your request, you will have 30 days from the entry of that order to file a notice of appeal referencing the denial of your request for an out-of-time appeal. The Clerk of Court is directed to send a copy of this order to Samuels and to Samuels’ attorney, who is also directed to send a copy to Samuels. Court of Appeals of the State of Georgia 08/24/2012 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.