Hall v. State

Full title: HALL v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 16, 1994

213 Ga. App. 242 (Ga. Ct. App. 1994)

445 S.E.2d 578

Opinion

A94A1588.

DECIDED MAY 16, 1994.

Drug violation. Henry Superior Court. Before Judge Craig.

Meadows Associates, Warren R. Power, for appellant.

Tommy K. Floyd, District Attorney, for appellee.

BIRDSONG, Presiding Judge.

Bryant Jamal Hall a/k/a Mel Hall appeals his conviction for sale of cocaine. He contends the trial court erred by denying his general demurrer and motion to quash the indictment. Held:

Pretermitting any issue of the validity of Hall's general demurrer and motion to quash the indictment (OCGA § 17-7-111; State v. Givens, 211 Ga. App. 71, 72 ( 438 S.E.2d 387)), his appeal must be dismissed because he voluntarily abandoned his motion for new trial. When there is no order disposing of the motion for new trial nor an order granting an extension of time or a delayed appeal, there is no extension of time beyond the 30 days permitted after entry of the judgment. Marshall v. State, 205 Ga. App. 531 ( 422 S.E.2d 677); Taylor v. State, 173 Ga. App. 745 ( 327 S.E.2d 860). Compare Ailion v. Wade, 190 Ga. App. 151 ( 378 S.E.2d 507). Accordingly, Hall's notice of appeal was untimely, and his appeal must be dismissed.

Appeal dismissed. Cooper and Blackburn, JJ., concur.

DECIDED MAY 16, 1994.