Hubbard v. State, A93A0386
| Decision Date | 25 May 1993 |
| Docket Number | No. A93A0386,A93A0386 |
| Citation | 208 Ga.App. 719,431 S.E.2d 479 |
| Parties | HUBBARD v. The STATE. |
| Court | Georgia Court of Appeals |
Diane M. Locklear, Rockmart, for appellant.
George C. Turner, Jr., Dist. Atty., Jeffrey L. Ballew, Asst. Dist. Atty., for appellee.
The defendant, Donald Robert Hubbard, was convicted by a jury of one count of aggravated child molestation and one count of child molestation on October 2, 1990, and the judgment was entered on the verdict on October 9, 1990. The defendant subsequently moved for a new trial on November 2, 1990, asserting that the verdict of guilty was contrary to the evidence produced at the trial and the motion was overruled by the trial court on October 10, 1991. The defendant filed this notice of appeal on October 22, 1992, over a year after the trial court's decision on his motion for new trial.
"[A] notice [of appeal] shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion." OCGA § 5-6-38(a). " Sharpe v. State, 198 Ga.App. 381, 382, 401 S.E.2d 586 (1991). Inasmuch as the defendant did not file his notice of appeal within the 30-day time period as provided in OCGA § 5-6-38(a), this appeal must be dismissed for lack of jurisdiction.
Appeal dismissed.
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Rowland v. State
...S.E.2d 9 (1986) (record reviewed for substantive error despite dismissal due to untimely notice of appeal). But see Hubbard v. State, 208 Ga.App. 719, 431 S.E.2d 479 (1993); Watson v. State, 202 Ga.App. 667, 415 S.E.2d 306 (1992); Clay v. State, 194 Ga.App. 354, 391 S.E.2d 143 (1990); Snels......
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Hubbard v. State
...supra. Judgment affirmed. ANDREWS, C.J., and POPE, P.J., concur. 1 Previous appeals of this case were dismissed. Hubbard v. State, 208 Ga.App. 719, 431 S.E.2d 479 (1993); Hubbard v. State, 212 Ga.App.XXVIII (1994). Hubbard filed a successful habeas corpus petition, was granted an out-of-tim......
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