Legal Opinion

McNeese v. State

Court of Appeals of Georgia

Decided September 7, 1983No. 66576PublishedCited by 1 opinion

1Opinion of the Court

Deen, Presiding Judge.

On November 10, 1982, the appellant was convicted of two counts of rape. On March 8,1983, the order denying his motion for new trial was filed. The appellant then filed his notice of appeal on April 8,1983,31 days after the disposition of his motion for new trial.

Accordingly, this appeal must be dismissed as the notice of appeal was not timely filed. One day late is no less a deadline infraction than being one month late. This court is without jurisdiction where the notice of appeal is not timely filed in accordance with the statutory requirements of OCGA § 5-6-38 (Code…

2Cases cited2 opinions

  1. Dunn v. StateCourt of Appeals of Georgia · 1980
  2. Ross v. StateCourt of Appeals of Georgia · 1981

3Cited by1 opinion

  1. McNeese v. StateCourt of Appeals of Georgia · 1984

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