Clay v. State, A89A1898
| Decision Date | 30 January 1990 |
| Docket Number | No. A89A1898,A89A1898 |
| Citation | 194 Ga.App. 354,391 S.E.2d 143 |
| Parties | CLAY v. The STATE. |
| Court | Georgia Court of Appeals |
Appeal dismissed. Colquitt Superior Court. Before Judge Horkan.
Short & Fowler, Thomas S. Bishop, Moultrie, for appellant.
H. Lamar Cole, Dist. Atty., Charles M. Stines, Asst. Dist. Atty., for appellee.
Defendant, convicted of violation of the Georgia Controlled Substances Act, OCGA § 16-13-30(b), appeals from a judgment entered May 9, 1989. His notice of appeal was filed on the 31st day thereafter, June 9, 1989. No motion for an out-of-time appeal was filed.
The out-of-time appeal must be dismissed for failure to follow OCGA § 5-6-38(a). Paytee v. State, 190 Ga.App. 291, 380 S.E.2d 92 (1989); see Jones v. Perkins, 192 Ga.App. 343, 384 S.E.2d 927 (1989).
Appeal dismissed.
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Walker v. State, A90A1468
...as it is prohibited by OCGA § 5-6-39(b). No motion for an out-of-time appeal was made. The appeal must be dismissed. Clay v. State, 194 Ga.App. 354, 391 S.E.2d 143 (1990). Even if this court had been properly vested with jurisdiction, the judgment would not be disturbed. The sole enumeratio......
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Walker v. State, A92A0206
...must be dismissed due to the failure to comply with OCGA § 5-6-38(a). Austin v. State, 199 Ga.App. 54, 404 S.E.2d 477; Clay v. State, 194 Ga.App. 354, 391 S.E.2d 143. Appeal BEASLEY and ANDREWS, JJ., concur. ...