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Lawskills.com Georgia Caselaw
GIBSON v. THE STATE.
A92A1963.
ANDREWS, Judge.
Drug violation. Whitfield Superior Court. Before Judge Boyett.
Gibson appeals from his conviction by a jury of various offenses related to violations of the Georgia Controlled Substances Act. His timely motion for a new trial was denied on January 24, 1992. No notice of appeal was filed within 30 days, but on February 21, 1992, appellant obtained an order from the trial court extending the time for filing a notice of appeal to March 31, 1992. Thereafter, on March 31, 1992, a second order was entered extending the time for filing a notice of appeal to April 30, 1992. The notice of appeal was filed on April 29, 1992.
"The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court." (Citations and punctuation omitted.) Hester v. State, 242 Ga. 173, 175 (249 SE2d 547) (1978). "A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial . . . has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion." OCGA 5-6-38 (a). "Any judge of the trial court . . . may, in his discretion, . . . grant extensions of time for the filing of . . . [a] [n]otice of appeal . . . . Only one extension of time shall be granted for filing of a notice of appeal . . . and the extension shall not exceed the time otherwise allowed for the filing of the notices initially." OCGA 5-6-39 (a), (c).
Jack O. Partain III, District Attorney, Kermit N. McManus, Assistant District Attorney, for appellee.
Major Gibson, pro se.
J. Tracy Ward, for appellant.
DECIDED FEBRUARY 24, 1993.
Saturday May 23 18:30 EDT


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