Doby v. State

Full title: DOBY v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 28, 1986

346 S.E.2d 89 (Ga. Ct. App. 1986)

179 Ga. App. 285

Opinion

72353.

DECIDED MAY 28, 1986. REHEARING DENIED JUNE 5, 1986.

Armed robbery. Richmond Superior Court. Before Judge Pierce.

James R. Doby III, pro se. Sam B. Sibley, Jr., District Attorney, for appellee.

SOGNIER, Judge.

Appellant contends error in the denial of his extraordinary motion for a new trial, filed subsequent to this court's decision affirming his conviction of armed robbery. Doby v. State, 173 Ga. App. 348 ( 326 S.E.2d 506) (1985).

Effective July 1, 1984, OCGA § 5-6-35 was amended to require applications to appeal orders denying extraordinary motions for new trial when separate from an original appeal. The section applies to criminal cases. OCGA § 5-6-35 (a) (7), Ga. L. 1984, p. 599. There being no application to appeal the trial court's order in this case, the appeal is dismissed. Pitts v. State, 254 Ga. 298 ( 328 S.E.2d 732) (1985).

Appeal dismissed. Banke, C. J., and Birdsong, P. J., concur.

DECIDED MAY 28, 1986 — REHEARING DENIED JUNE 5, 1986 — CERT. APPLIED FOR.