Westerfield v. State

Full title: WESTERFIELD v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 13, 1984

313 S.E.2d 768 (Ga. Ct. App. 1984)

313 S.E.2d 768

Opinion

67422.

DECIDED JANUARY 13, 1984.

Incest. Walton Superior Court. Before Judge Ridgway.

G. Hughel Harrison, Samuel H. Harrison, for appellant.

John T. Strauss, District Attorney, John M. Ott, Assistant District Attorney, for appellee.

BANKE, Judge.

Appellant's notice of appeal was filed 31 days following the trial court's denial of his motion for a new trial. Held:

Absent a lawful extension of time, a notice of appeal must be filed within 30 days after the entry of an order denying a motion for a new trial. See OCGA § 5-6-38 (a) (Code Ann. § 6-803). It is well established that this court is without jurisdiction where the notice of appeal is not timely filed in accordance with the statutory requirements. See Hose v. State, 159 Ga. App. 842 ( 285 S.E.2d 588) (1981); Washington v. State, 158 Ga. App. 829 ( 282 S.E.2d 776) (1981); Smith v. State, 140 Ga. App. 492 ( 231 S.E.2d 493) (1976).

Appeal dismissed. Deen, P. J., and Carley, J., concur.

DECIDED JANUARY 13, 1984.