Legare v. State, S98A0609.
| Decision Date | 18 May 1998 |
| Docket Number | No. S98A0609.,S98A0609. |
| Citation | 499 S.E.2d 640,269 Ga. 468 |
| Parties | LEGARE v. The STATE. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
John H. Fleming, Ann Grunewald Fort, Sutherland, Asbill & Brennan, Atlanta, for Andrew Philip Legare.
Fredric Daniel Bright, Dist. Atty., Gray, Hon. Thurbert E. Baker, Atty. Gen., Department
of Law, Atlanta, Stephen A. Bradley, Asst. Dist. Atty., Milledgeville, for the State.
Andrew Phillip Legare was convicted in 1977 of burglary, armed robbery, and murder. The trial court sentenced Legare to 20 years imprisonment for burglary, life imprisonment for armed robbery, and, on the jury's recommendation, to death for the murder conviction. The murder conviction's death sentence was subsequently set aside by order of this Court, see Legare v. State, 250 Ga. 875, 302 S.E.2d 351 (1983), and after several new resentencing trials on the murder charge and further appeals, in 1992 a fourth jury recommended a life sentence. When imposing the sentence, the trial court orally pronounced the sentence but failed to state that Legare was to serve the life sentence consecutively to the sentences he was already serving on the burglary and armed robbery convictions. The written sentence was filed eleven days later. Legare filed a motion to vacate sentence on March 19, 1992, which was denied by the trial court in an order filed on September 4, 1997.
On September 29, 1997 the trial court granted Legare an extension of time, through and including October 29, 1997 to file a notice of appeal from the September 4, 1997 order denying his motion to vacate sentence. On October 29, 1997 the trial court granted Legare another extension of time giving him until December 3, 1997 to file a notice of appeal. Legare filed his notice of appeal on December 3,1997, at least 90 days after the September 4, 1997 order denying his motion to vacate sentence was filed.
OCGA § 5-6-39(a)(1) gives courts the authority to grant an extension of time to file a notice of appeal. This authority is limited, however, by subsection (c) which provides that only one extension of time shall be granted for filing a notice of appeal and the extension shall not exceed the 30 days allowed for the initial filing of the notice. In this case, the only authorized extension of time would have expired on October 29,1997.
Because Legare's notice of appeal, filed on December 3, 1997, was untimely, this Court is without jurisdiction over his appeal. Hester v. State, 242 Ga. 173, 175, 249 S.E.2d 547 (1978) (). Accordingly, Legare's appeal is hereby dismissed. See Dillard v. State, 223 Ga.App. 405(1), 477 S.E.2d 674 (1996); Rockdale County v. Water Rights Committee, Inc., 189 Ga.App. 873, 377 S.E.2d 730 (1989) (); Hamby v. State, 162 Ga.App. 348, 291 S.E.2d 724 (1982) (...
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