Opinion
A23A0383
10-11-2022
HARVEY COUCH v. THE STATE.
The Court of Appeals hereby passes the following order:
In 1989, Harvey Couch pled guilty to rape and other crimes. In 2022, he filed a motion to withdraw his guilty plea. On July 18, 2022, the trial court dismissed Couch's motion as untimely. On August 22, 2022, Couch filed a notice of appeal to this Court. We, however, lack jurisdiction.
A notice of appeal must be filed within 30 days of entry of the 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. Legare v. State, 269 Ga. 468, 468 (499 S.E.2d 640) (1998). Couch's notice of appeal was filed 35 days after entry of the trial court's order. The notice is dated July 16, 2022, before the expiration of Couch's 30-day appeal period, but was not stamped "filed" by the trial court clerk until August 22. We recognize that, as a pro se prisoner, Couch is dependent upon correctional personnel to dispatch his mail. Nevertheless, even though Couch may have acted promptly after receiving the trial court's order, "his filing did not get to the superior court in time. So we have no jurisdiction over his appeal." Ebeling v. State, 355 Ga.App. 469, 470 (844 S.E.2d 518) (2020). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.