Opinion
A24A1712
07-03-2024
DARRYL ROBINSON v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2018, a jury found Darryl Robinson guilty of armed robbery, possession of a firearm during a felony, and possession of a firearm by a convicted felon. The trial court sentenced Robinson to life imprisonment without parole plus five years. Robinson's attorney filed a timely motion for new trial, and appellate counsel filed an amended motion, which the trial court denied on March 31, 2020. On November 10, 2022, Robinson filed a pro se notice of appeal. We lack jurisdiction.
In January 2024, Robinson filed a pro se motion to vacate, set aside, or correct sentence, which remains pending.
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). "Compliance with this statutory deadline for filing a notice of appeal is an 'absolute requirement' to confer jurisdiction on an appellate court." Collier v. State, 307 Ga. 363, 371 (2) (834 S.E.2d 769) (2019). Pretermitting whether Robinson's pro se notice of appeal was otherwise properly filed, because Robinson filed it more than two years after the trial court entered its order denying his motion for new trial, the notice of appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
To the extent Robinson's right to timely seek appellate review was frustrated due to a trial court or clerk error, his remedy is to petition the trial court to vacate and re-enter the order at issue in the manner described in Cambron v. Canal Ins. Co., 246 Ga. 147, 148-149 (1) (269 S.E.2d 426) (1980), disapproved in part by Wright v. Young, 297 Ga. 683, 684, n. 3 (777 S.E.2d 475) (2015).