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McKinney v. State

Court of Appeals of Georgia
Jun 8, 1988
371 S.E.2d 196 (Ga. Ct. App. 1988)

Opinion

76247.

DECIDED JUNE 8, 1988. REHEARING DENIED JULY 5, 1988.

Child molestation. Fulton Superior Court. Before Judge Williams.

R. Allen Hunt, Thomas R. Moran, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, R. Andrew Weathers, Benjamin H. Oehlert III, Margaret H. Earls, Assistant District Attorneys, for appellee.


Appellant was indicted for two counts of aggravated child molestation. A jury found him not guilty on first count, but did find him guilty of child molestation on the second count. After judgment was entered, appellant moved for a new trial. His motion was denied, and he appeals.

Appellant's notice of appeal was filed one day late, and so we must consider whether we have jurisdiction to hear the appeal. Timely filing of a notice of appeal in compliance with OCGA §§ 5-6-38 (a) and 5-6-39 is essential to confer jurisdiction. Rimes v. State, 182 Ga. App. 721 ( 356 S.E.2d 897) (1987). Since timely filing was not accomplished here, we must dismiss the appeal.

Appeal dismissed. McMurray, P. J., and Pope, J., concur.

DECIDED JUNE 8, 1988 — REHEARING DENIED JULY 5, 1988 — CERT. APPLIED FOR.


Summaries of

McKinney v. State

Court of Appeals of Georgia
Jun 8, 1988
371 S.E.2d 196 (Ga. Ct. App. 1988)
Case details for

McKinney v. State

Case Details

Full title:McKINNEY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 8, 1988

Citations

371 S.E.2d 196 (Ga. Ct. App. 1988)
187 Ga. App. 702

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