State v. Hart
| Decision Date | 04 September 1980 |
| Docket Number | No. 36045,36045 |
| Citation | 271 S.E.2d 133,246 Ga. 212 |
| Parties | The STATE v. HART. |
| Court | Georgia Supreme Court |
William F. Lee, Jr., Dist. Atty., Marc E. Acree, Asst. Dist. Atty., for appellant.
H. J. Thomas, Jr., LaGrange, for appellee.
We granted certiorari to review the decision of the Court of Appeals reversing the trial court's dismissal of Hart's appeal for unreasonable delay in the filing of a transcript. Hart v. State, 153 Ga.App. 53, 264 S.E.2d 542 (1980).
On February 15, 1977, Roger Thomas Hart was found guilty of a felony in Troup Superior Court and sentenced to 4 years. On February 18, 1977, he filed his notice of appeal stating that a transcript of the evidence "will be filed for inclusion in the record on appeal."
On July 13, 1979, the state filed a motion to dismiss the appeal whereupon the trial court determined that Hart had caused the delay of approximately two and one-third years in the filing of the transcript and that the delay was unreasonable and inexcusable. The appeal was dismissed pursuant to Code Ann. § 6-809(b).
On appeal, the Court of Appeals quoted this court's statement in Wade v. State, 231 Ga. 131, 133, 200 S.E.2d 271, 273 (1973) () and held that because Code Ann. § 6-806 provides that "the party having the responsibility of filing the transcript" shall cause the transcript to be timely filed, any delay in the filing of the transcript was caused, not by Hart, but by the state. Accordingly, the Court of Appeals reversed the trial court's dismissal of Hart's appeal. We reverse the Court of Appeals.
1. Code Ann. § 6-806 provides, in relevant part, that
This code section clearly demonstrates that "the party having the responsibility of (preparing and) filing the transcript" refers to either the appellant or the appellee, and, that, when an appellant states in his notice of appeal that a transcript is to be transmitted as part of the appellate record, "the party having the responsibility of (preparing and) filing the transcript" refers to the appellant.
Investing 6-806 with the relevant express terms of Code Ann. § 6-805(e), the appellant who states in his notice of appeal that a transcript is to be transmitted as part of the appellate record is statutorily mandated to cause the court reporter to prepare and file an original and one copy of the transcript with the clerk of the trial court together with the court reporter's certificate attesting to the correctness thereof within 30 days after filing of the notice of appeal unless the time is extended as provided in section 6-804.
Thus, said appellant's 6-806 duty clearly includes the duty to request the court reporter to transcribe the reported testimony at the same time that he files his notice of appeal.
In Wade v. State, supra, this court quoted from Code Ann. § 27-2401 which provides as follows: "On the trial of all felonies, the presiding judge shall have the testimony taken down, and ... in the event of a verdict of guilty, the testimony shall be entered on the minutes of the...
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Chancey v. State
...of the trial court within 30 days after the filing of the notice of appeal unless an extension of time is obtained. State v. Hart, 246 Ga. 212, 271 S.E.2d 133 (1980). Here, appellant Jordan obtained an indefinite extension of time for the filing of the transcript, and the transcript was not......
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Glass v. the State.
...the agency of the presiding judge, to request the court reporter to transcribe the reported testimony. [Cit.]” State v. Hart, 246 Ga. 212, 213(1), 271 S.E.2d 133 (1980). “Pursuant to OCGA § 5–6–41(d), preliminary motions would be included in the proceedings subject to OCGA § 17–8–5(a).” Ivo......
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Johnson v. State
...appeal, the appellant shall cause the transcript to be prepared and filed as provided by Code Section 5–6–41 [.]"); State v. Hart, 246 Ga. 212, 212–213, 271 S.E.2d 133 (1980). Once the State has satisfied its obligation under OCGA §§ 17–8–5 (a) and 5–6–41 (a) by providing a verbatim transcr......
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Whitt v. State, A94A1501
...the agency of the presiding judge, to request the court reporter to transcribe the reported testimony. (Cit.)' State v. Hart, 246 Ga. 212, 213, 271 S.E.2d 133 (1980). Pursuant to OCGA § 5-6-41(d), preliminary motions [and all other proceedings which may be called into question on appeal] wo......