Watson v. State, A91A2063

• Decision Date: 03 February 1992
• Docket Number: No. A91A2063,A91A2063
• Citation: 202 Ga.App. 667,415 S.E.2d 306
• Parties: WATSON v. The STATE.
• Court: Georgia Court of Appeals

Page 306

415 S.E.2d 306

202 Ga.App. 667

WATSON v. The STATE.

No. A91A2063.

Court of Appeals of Georgia.

Feb. 3, 1992.

Moore & Dodgen, Andrew C. Dodgen, Columbus, for appellant.

Douglas C. Pullen, Dist. Atty. and Bradford R. Pierce, Asst. Dist. Atty., for appellee.

CARLEY, Presiding Judge.

Appellant was tried before a jury and found guilty of voluntary manslaughter. On July 20, 1990, the trial court entered its judgment of conviction and sentence on the jury's guilty verdict. Within 30 days thereafter, neither a motion for new trial nor a notice of appeal was filed. On May 14, 1991, however, the trial court entered an order which purported to extend the time for appellant to file a notice of appeal until June 15, 1991. On June 21, 1991, a similar order was entered, purporting to extend the time for appellant to file a notice of appeal until July 15, 1991. The instant case is before us pursuant to a notice of appeal which was filed by appellant on July 15, 1991.

" ' "The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court." [Cit.]' [Cit.]" (Emphasis in original.) Sharpe v. State, 198 Ga.App. 381, 382(1), 401 S.E.2d 586 (1991). "A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of...." OCGA § 5-6-38(a). "Since [no] motion for new trial was ... filed within 30 days of the judgment as required by OCGA § 5-5-40(a), the time for appeal was not extended under OCGA § 5-6-38(a). No extension [of time for filing the notice of appeal] could be given [after 30 days], as it is prohibited by OCGA § 5-6-39(b). No motion for an out-of-time appeal was made." Walker v. State, 197 Ga.App. 265, 398 S.E.2d 217 (1990).

If appellant is to secure direct appellate review, he must file a timely notice of appeal after obtaining a proper written order from the trial court which grants him an out-of-time appeal. See Cannon v. State, 175 Ga.App. 741, 334 S.E.2d 342 (1985). This court has no jurisdiction to consider the merits of the issues raised, and the appeal is accordingly dismissed. Clay v. State, 194 Ga.App. 354, 391 S.E.2d 143 (1990).

Appeal dismissed.

BEASLEY, J., and ARNOLD SHULMAN, Judge, sitting by designation, concur.