Williams
v.
State

Not overruled or negatively treated on appealinfoCoverage
Court of Appeals of GeorgiaMar 4, 1994
212 Ga. App. 290 (Ga. Ct. App. 1994)
212 Ga. App. 290444 S.E.2d 166

A94A0503.

DECIDED MARCH 4, 1994.

Drug violation. Chatham Superior Court. Before Judge Head.

Calhoun Associates, John R. Calhoun, Gregory N. Crawford, for appellant.

Spencer Lawton, Jr., District Attorney, for appellee.


Defendant's conviction for selling cocaine was affirmed in Williams v. State, 201 Ga. App. 384 ( 411 S.E.2d 316). This direct appeal followed the denial of defendant's extraordinary motion for new trial based on newly discovered evidence. Held:

This appeal "is dismissed for want of jurisdiction, based on the [defendant's] failure to follow the application procedures applicable to `(a)ppeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial.' OCGA § 5-6-35 (a) (7). See Pitts v. State, 254 Ga. 298 ( 328 S.E.2d 732) (1985); McDonald v. State, 180 Ga. App. 713 ( 350 S.E.2d 581) (1986)." Scott v. State, 200 Ga. App. 481 (1) ( 408 S.E.2d 495).

Appeal dismissed. Pope, C. J., and Smith, J., concur.

DECIDED MARCH 4, 1994.