Opinion
A24A1558
07-24-2024
ROGER USSERY v. THE STATE.
The Court of Appeals hereby passes the following order:
On May 24, 2024, Roger Ussery filed a pro se notice of appeal, seeking review of the trial court's April 16, 2024 order denying his motion to withdraw his guilty plea. We lack jurisdiction because the appeal is untimely.
To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. 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. Davis v. State, 330 Ga.App. 711, 711 (769 S.E.2d 133) (2015). Ussery's notice of appeal, although dated April 30, 2024, was not filed in the trial court until May 24, which is 38 days after entry of the order on appeal. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.