Opinion
A23A1130
03-20-2023
DAVID MARTIN v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found David Martin guilty of aggravated child molestation and sexual battery in 2014, and we affirmed his convictions in an unpublished opinion. See Case No. A17A0606 (Mar. 29, 2017). Since that time, Martin has filed several other appeals, and in June 2022, he filed a "motion to correct illegal/void sentence." The trial court denied the motion on January 10, 2023, and Martin filed this appeal. We lack jurisdiction.
See Case Nos. A19A0025 (Apr. 15, 2019); A21A0216 (Dec. 2, 2020); and A21A1365 (May 18, 2021).
To be timely, 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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Redford v. State, 357 Ga.App. 247, 250 (850 S.E.2d 447) (2020). Pretermitting whether Martin is entitled to a direct appeal from the trial court's order denying his motion to correct a void sentence, his notice of appeal is untimely, as it was filed 34 days after entry of the order he seeks to appeal. Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.