Opinion
A24A1784
08-05-2024
CHADRUS BROWN v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found Chadrus Brown guilty of multiple sexual offenses, and we affirmed his convictions on appeal. Brown v. State, 346 Ga.App. 245 (816 S.E.2d 111) (2018). Brown later filed an extraordinary motion for a new trial in which he contended that the trial court had denied him the opportunity to recall an expert witness to testify at his trial. The trial court denied the motion on October 10, 2022, and Brown filed a direct appeal on April 12, 2024. We, however, lack jurisdiction.
An appeal from an order denying an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga.App. 327, 329 (489 S.E.2d 129) (1997). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Brown's failure to follow the discretionary review procedure deprives this Court of jurisdiction over this direct appeal.
In addition, even if Brown was entitled to a direct appeal of the order denying the extraordinary motion for a new trial, this appeal is untimely. A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Couch v. United Paperworkers Intl. Union, 224 Ga.App. 721, 721 (482 S.E.2d 704) (1997). Because Brown's notice of appeal was filed more than 18 months after entry of the trial court's order denying his extraordinary motion for a new trial, this appeal is untimely.
For each of the above reasons, this appeal is hereby DISMISSED.