Opinion
A23A0959
03-06-2023
ALONZO HUNTER v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found Alonzo Hunter guilty of possession of a firearm by a convicted felon and speeding, and the trial court sentenced him on August 29, 2022. On September 14, 2022, Hunter filed a notice of appeal. Five days later, he filed a motion for new trial. The trial court transmitted the record based upon the timely notice of appeal. We, however, lack jurisdiction.
"Where a notice of appeal and a motion for new trial are timely filed, even though the former precedes the latter, the notice of appeal is rendered premature until disposition of the motion for new trial." Brown v. State, 208 Ga.App. 726, 726 (431 S.E.2d 726) (1993). Because Hunter filed a timely motion for new trial - even though he did so after filing a notice of appeal - jurisdiction remains with the trial court. See Jones v. State, 309 Ga.App. 149, 149 (1) (709 S.E.2d 593) (2011). We thus lack jurisdiction over the instant appeal, which is hereby DISMISSED. See Minter v. State, 229 Ga. 804, 804 (194 S.E.2d 462) (1972).