Howard v. State

Benham, Judge.

On August 29, 1985, a jury found appellant guilty of driving under the influence (OCGA § 40-6-391 (a)); improper driving on the roadway (OCGA § 40-6-40 (a)); and driving too fast for conditions (OCGA § 40-6-180).

1. The State seeks dismissal of the appeal on the ground that appellant’s motion for new trial was not timely filed under OCGA § 5-5-40, thereby depriving this court of jurisdiction to entertain this appeal. See Smith v. Forrester, 145 Ga. App. 281 (243 SE2d 575) (1978). The trial court in the case at bar entered an order on August 29,1985, the day the jury returned its…