McEver v. State

Full title: McEVER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 25, 1977

233 S.E.2d 504 (Ga. Ct. App. 1977)

233 S.E.2d 504

Opinion

53470.

SUBMITTED FEBRUARY 4, 1977.

DECIDED FEBRUARY 25, 1977.

Probation revocation. Bartow Superior Court. Before Judge Davis.

Ben Lancaster, for appellant.

Charles Crawford, District Attorney, for appellee.

QUILLIAN, Presiding Judge.

The instant appeal which was filed by defendant's counsel on November 15, 1976, was taken from a judgment entered on October 8, 1976. No extension was applied for or granted. It was therefore not timely. Code Ann. § 6-803 (Ga. L. 1965, pp. 18, 21; 1966, pp. 493, 496; 1968, pp. 1072, 1077).

There is no constitutional contention here made of incompetent counsel and since the appellant failed to comply with jurisdictional requirements, it is proper to dismiss the appeal. Pittman v. State, 229 Ga. 656, 657 ( 193 S.E.2d 820); Brown v. State, 236 Ga. 333, 334 ( 223 S.E.2d 642).

Appeal dismissed. Stolz and Shulman, JJ., concur.

SUBMITTED FEBRUARY 4, 1977 — DECIDED FEBRUARY 25, 1977.