Terry Lee Coleman v. State

• Court: Court of Appeals of Georgia
• Decided: July 10, 2013
• Docket: A13A1979
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ July 10, 2013

The Court of Appeals hereby passes the following order:

A13A1979. TERRY LEE COLEMAN v. THE STATE.

Following his criminal conviction in 2011, Terry Lee Coleman failed to file a direct appeal. He later filed a motion for out-of-time appeal, and the trial court granted his motion on February 25, 2013. On May 17, 2013, Coleman filed his notice of appeal. A defendant granted an out-of-time appeal by the trial court has 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 Coleman filed his notice of appeal 81 days after entry of the order granting his out-of-time appeal, his appeal is DISMISSED as untimely.

Court of Appeals of the State of Georgia 07/10/2013 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.