Raymond v. State

Full title: RAYMOND v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 2, 1982

292 S.E.2d 196 (Ga. Ct. App. 1982)

292 S.E.2d 196

Opinion

64165.

DECIDED JUNE 2, 1982.

Burglary. Bulloch Superior Court. Before Judge Hawkins.

Henry C. Ross, for appellant.

J. Lane Johnston, District Attorney, N. Jackson Cotney, Jr., Assistant District Attorney, for appellee.

BANKE, Judge.

The defendant was convicted of burglary. His motion for new trial was denied on December 23, 1981, and on January 28, 1982, he filed a notice of appeal. "`A notice of appeal must be filed within thirty days after entry of the appealable judgment or within thirty days after the entry of an order disposing of a motion for new trial. Code Ann. § 6-803 (a). The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804.' Neal v. State, 232 Ga. 96 ( 205 S.E.2d 284). Here no extension was obtained. The timely filing of a notice of appeal in accordance with the statutory requirement is essential to confer jurisdiction upon an appellate court. [Cits.]" Canup v. State, 150 Ga. App. 794 ( 258 S.E.2d 907) (1979). Accordingly, the appeal must be dismissed.

Appeal dismissed. McMurray, P. J., and Birdsong, J., concur.

DECIDED JUNE 2, 1982.