Clay v. State

Full title: CLAY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 30, 1990

194 Ga. App. 354 (Ga. Ct. App. 1990)

391 S.E.2d 143

Opinion

A89A1898.

DECIDED JANUARY 30, 1990.

Appeal dismissal. Colquitt Superior Court. Before Judge Horkan.

Short Fowler, Thomas S. Bishop, for appellant.

H. Lamar Cole, District Attorney, Charles M. Stines, Assistant District Attorney, for appellee.

BEASLEY, Judge.

Defendant, convicted of violation of the Georgia Controlled Substances Act, OCGA § 16-13-30 (b), appeals from a judgment entered May 9, 1989. His notice of appeal was filed on the 31st day thereafter, June 9, 1989. No motion for an out-of-time appeal was filed.

The out-of-time appeal must be dismissed for failure to follow OCGA § 5-6-38 (a). Paytee v. State, 190 Ga. App. 291 ( 380 S.E.2d 92) (1989); see Jones v. Perkins, 192 Ga. App. 343 ( 384 S.E.2d 927) (1989).

Appeal dismissed. Carley, C. J., and McMurray, P. J., concur.

DECIDED JANUARY 30, 1990.