Williams v. State

Full title: WILLIAMS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Mar 4, 1994

444 S.E.2d 166 (Ga. Ct. App. 1994)

444 S.E.2d 166

Opinion

A94A0503.

DECIDED MARCH 4, 1994.

Drug violation. Chatham Superior Court. Before Judge Head.

Calhoun Associates, John R. Calhoun, Gregory N. Crawford, for appellant.

Spencer Lawton, Jr., District Attorney, for appellee.

McMURRAY, Presiding Judge.

Defendant's conviction for selling cocaine was affirmed in Williams v. State, 201 Ga. App. 384 ( 411 S.E.2d 316). This direct appeal followed the denial of defendant's extraordinary motion for new trial based on newly discovered evidence. Held:

This appeal "is dismissed for want of jurisdiction, based on the [defendant's] failure to follow the application procedures applicable to `(a)ppeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial.' OCGA § 5-6-35 (a) (7). See Pitts v. State, 254 Ga. 298 ( 328 S.E.2d 732) (1985); McDonald v. State, 180 Ga. App. 713 ( 350 S.E.2d 581) (1986)." Scott v. State, 200 Ga. App. 481 (1) ( 408 S.E.2d 495).

Appeal dismissed. Pope, C. J., and Smith, J., concur.

DECIDED MARCH 4, 1994.