Westbrook v. State

Court of Appeals of Georgia

Westbrook v. State

407 S.E.2d 469, 200 Ga. App. 241, 1991 Ga. App. LEXIS 948

CourtCourt of Appeals of Georgia

DecidedJune 27, 1991

DocketA91A1015

StatusPublished

This text of 407 S.E.2d 469 (Westbrook 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

Westbrook v. State, 407 S.E.2d 469, 200 Ga. App. 241, 1991 Ga. App. LEXIS 948 (Ga. Ct. App. 1991).

Pincite

Opinion

McMurray, Presiding Judge.

Defendant Westbrook was convicted of the offenses of criminal attempt to commit rape and burglary and sentenced to confinement in the State Penal System. The judgment of the trial court was filed on November 15, 1990. On February 28, 1991, defendant filed a notice of appeal in the Superior Court of Turner County. Held:

Examination of the record fails to reflect that defendant filed a motion for new trial. The record indicates that the instant appeal was filed more than 30 days after the trial court’s judgment was filed. See OCGA § 5-6-38 (a). The record before this Court fails to disclose any request for an extension of time. See OCGA § 5-6-39. Consequently, this Court has no jurisdiction over the appeal and it must be and is hereby dismissed. Baker v. State, 195 Ga. App. 424 (394 SE2d 801).

Appeal dismissed.

Sognier, C. J., and Andrews, J., concur.

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