Phelps v. State

Quillian, Chief Judge.

Defendant appeals his conviction for child molestation. Held:

1. The state’s motion to dismiss the appeal because defendant’s motion for new trial was not filed within 30 days of entry of the verdict and sentence is denied. Defendant’s notice of appeal was filed within 30 days of the denial of his motion for new trial. “So long as the notice of appeal is filed within 30 days following ‘the entry of the order granting, overruling, or otherwise finally disposing of the motion’ for new trial, the appeal is timely. (Emphasis supplied.) Appellate Practice Act § 5 (Ga. L. 1965,…