Torrey Terrance Gregory v. State

• Court: Court of Appeals of Georgia
• Decided: December 11, 2015
• Docket: A16A0551
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 07, 2015

The Court of Appeals hereby passes the following order:

A16A0551. TORREY TERRANCE GREGORY v. THE STATE.

In 2010, Torrey Terrance Gregory pled guilty to multiple drug crimes.1 He later filed a “Motion to Void and Vacate Sentence,” which the trial court dismissed by order entered August 26, 2015. Sixty-two days later, on October 27, 2015, Gregory filed a notice of appeal to this Court. But 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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Gregory failed to file a timely notice of appeal, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 12/07/2015 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.

1 In 2011, he filed multiple motions for out-of-time appeal, which the trial court denied. Gregory appealed to this Court, and we affirmed in an unpublished opinion. Gregory v. State, Case No. A13A1299, decided September 6, 2013.