Opinion
A25A0356
09-20-2024
ANTONIO A. ANDREWS v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found Antonio A. Andrews guilty of driving without a valid license and violating Georgia's "Hands Free" law, OCGA § 40-6-241 (c). On July 11, 2024, the trial court entered a judgment of conviction and sentence. Thirty-four days later, on August 14, 2024, Andrews filed a notice of appeal. We lack jurisdiction.
Although the notice of appeal bears a signature date of July 27, 2024, we rely on the clerk's endorsement (that is, the file-stamp date) as the filing date in the absence of evidence to the contrary. See Lavan v. Philips, 184 Ga.App. 573, 574 (362 S.E.2d 138) (1987).
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Ebeling v. State, 355 Ga.App. 469, 469 (844 S.E.2d 518) (2020). Because Andrews's notice of appeal was not timely filed, we lack jurisdiction over this appeal, which is hereby DISMISSED.