Opinion

Brown v. State

  • 184 Ga. App. 677
  • 362 S.E.2d 471
  • 1987 Ga. App. LEXIS 2355
Court
Court of Appeals of Georgia
Filed
Oct 29, 1987
Status
Published
Author
Birdsong
On the bench
Birdsong
Cited by
1 cases
Authority
More cited than 56.8%

The opinion

Birdsong, Chief Judge.

Jessie A. Brown appeals his conviction of the offense of mutiny in a penal institution. The trial court entered judgment on the jury verdict of guilty on June 18, 1987. Appellant Brown filed his notice of appeal on August 4, 1987. The record does not indicate the filing of any motion following entry of judgment which would delay the running of the statutory 30-day limitation for the filing of the notice of appeal. OCGA § 5-6-38 (a).

“ ‘The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.’ ” (Emphasis deleted.) Hester v. State, 242 Ga. 173, 175 ( 249 SE2d 547 ). Brown not having filed his notice within the statutory period, this court is without jurisdiction and the appeal must be dismissed. Stonecypher v. State, 168 Ga. App. 507 ( 308 SE2d 639 ).

Appeal dismissed.

Deen, P. J., and Pope, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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