Miller v. State

Full title: MILLER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 25, 1978

245 S.E.2d 442 (Ga. Ct. App. 1978)

245 S.E.2d 442

Opinion

55741.

SUBMITTED APRIL 6, 1978.

DECIDED APRIL 25, 1978. REHEARING DENIED MAY 12, 1978.

Burglary, etc. Spalding Superior Court. Before Judge Whalen.

Gary Reno Miller, pro se. Johnnie L. Caldwell, Jr., District Attorney, for appellee.

WEBB, Judge.

This is an attempted pro se appeal by a criminal defendant either from the same judgment appealed from and reviewed in Miller v. State, 144 Ga. App. 669 ( 242 S.E.2d 330) (1978), or perhaps from a later order of the trial court denying a motion to set that judgment aside. In neither event was the notice of appeal filed within 30 days of the entry of the order as required by Code Ann. § 6-803 (a), and accordingly this appeal must be dismissed. Smith v. State, 140 Ga. App. 492 ( 231 S.E.2d 493) (1976).

Even so, however, as heretofore ruled, there was ample evidence to support the verdict of guilty of the crime of burglary. Miller v. State, supra.

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

SUBMITTED APRIL 6, 1978 — DECIDED APRIL 25, 1978 — REHEARING DENIED MAY 12, 1978.