Opinion
A23A0103
04-28-2023
ARTAEUS JONES v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found Artaeus Jones guilty of cruelty to children in the first degree, and Jones filed a timely motion for new trial. The trial court denied the motion on September 27, 2021. Jones filed a notice of appeal on November 15, 2021. According to this notice, counsel did not receive the September order until November 8, 2021. We, however, lack jurisdiction.
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a). "[T]he proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court." Davis v. State, 330 Ga.App. 711, 711 (769 S.E.2d 133) (2015) (citation and punctuation omitted; emphasis in original). Because Jones filed his notice of appeal 49 days after the order denying the motion for new trial, the appeal is untimely and is therefore DISMISSED.
If, as Jones alleges, he was unable to file a timely appeal because the trial court failed to notify him of its ruling, his remedy is to petition the trial court to vacate and re-enter the order under OCGA § 9-11-60 (g). See Wright v. Young, 297 Ga. 683, 684 (777 S.E.2d 475) (2015). If the order is vacated and re-entered, Jones may file a notice of appeal within 30 days from the re-entry date. See id.