McNeese v. State, 66576
| Decision Date | 07 September 1983 |
| Docket Number | No. 66576,66576 |
| Citation | 307 S.E.2d 303,167 Ga.App. 770 |
| Parties | McNEESE v. The STATE. |
| Court | Georgia Court of Appeals |
Louise T. Norwood, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Margaret V. Lines, Jerry Baxter, Asst. Dist. Atty., for appellee.
On November 10, 1982, the appellant was convicted of two counts of rape. On March 8, 1983, the order denying his motion for new trial was filed. The appellant then filed his notice of appeal on April 8, 1983, 31 days after the disposition of his motion for new trial.
Accordingly, this appeal must be dismissed as the notice of appeal was not timely filed. One day late is no less a deadline infraction than being one month late. This court is without jurisdiction where the notice of appeal is not timely filed in accordance with the statutory requirements of OCGA § 5-6-38 (Code Ann. § 6-803). Ross v. State, 160 Ga.App. 380, 287 S.E.2d 337 (1981); Dunn v. State, 156 Ga.App. 483, 274 S.E.2d 828 (1980).
Appeal dismissed.
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McNeese v. State
...with reference to separate victims. This is the second appearance of this case in this court. See in this connection McNeese v. State, 167 Ga.App. 770, 307 S.E.2d 303, in which this court dismissed the first appeal because same was not timely filed. Whereupon the defendant sought an out of ......
- Rogers v. State, 66582