Walker v. State, A92A0206

• Decision Date: 05 November 1991
• Docket Number: No. A92A0206,A92A0206
• Parties: WALKER v. The STATE.
• Court: Georgia Court of Appeals

Page 291

412 S.E.2d 291

201 Ga.App. 774

WALKER v. The STATE.

No. A92A0206.

Court of Appeals of Georgia.

Nov. 5, 1991.

Mundy & Gammage, John S. Husser, Cedartown, for appellant.

William A. Foster III, Dist. Atty., Donald N. Wilson, Asst. Dist. Atty., for appellee.

BIRDSONG, Presiding Judge.

Lester Ray Walker appeals his judgment of conviction of trafficking in cocaine and sentence. Motion for new trial was denied and the order entered and filed on September 9, 1991. Appellant filed a late notice of appeal on Friday, October 11, 1991. The record reflects that no motion for an out-of-time appeal was filed.

Defendant's appeal 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 dismissed.

BEASLEY and ANDREWS, JJ., concur.