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Smith v. State

Court of Appeals of Georgia
Nov 18, 1976
231 S.E.2d 493 (Ga. Ct. App. 1976)

Opinion

52985.

SUBMITTED OCTOBER 13, 1976.

DECIDED NOVEMBER 18, 1976.

Terroristic threats. Greene Superior Court. Before Judge Jackson.

David G. Kopp, for appellant.

Joseph H. Briley, District Attorney, Charles D. Newberry, Assistant District Attorney, for appellee.


The appellant's motion for new trial was denied by an order entered on March 30, 1976. His notice of appeal was filed on April 30, 1976. Held:

"A notice of appeal must be filed within thirty days after entry of the appealable judgment or within thirty days after the entry of an order disposing of a motion for new trial. Code Ann. § 6-803 (a). The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804." Neal v. State, 232 Ga. 96 ( 205 S.E.2d 284). Here no extension was obtained. The timely filing of a notice of appeal in accordance with the statutory requirement is essential to confer jurisdiction upon an appellate court. Jordan v. Caldwell, 229 Ga. 343, 344 ( 191 S.E.2d 530); Pittman v. State, 229 Ga. 656, 657 ( 193 S.E.2d 820). "A person convicted of a crime in a trial court in this state is not entitled to have his conviction reviewed as a matter of right by an appellate court. He must pursue applicable statutory requirements." State v. Denson, 236 Ga. 239, 240 ( 223 S.E.2d 640). Accord, Brown v. State, 236 Ga. 333, 334 ( 223 S.E.2d 642). The appellant here failed to comply with the necessary jurisdictional requirements.

Appeal dismissed. Marshall and McMurray, JJ., concur.

SUBMITTED OCTOBER 13, 1976 — DECIDED NOVEMBER 18, 1976.


Summaries of

Smith v. State

Court of Appeals of Georgia
Nov 18, 1976
231 S.E.2d 493 (Ga. Ct. App. 1976)
Case details for

Smith v. State

Case Details

Full title:SMITH v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 18, 1976

Citations

231 S.E.2d 493 (Ga. Ct. App. 1976)
231 S.E.2d 493

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