Betha v. State

Andrews, Judge.

Betha was convicted of a violation of OCGA § 16-13-30 and ap peals.

In his sole enumeration of error, Betha claims that the trial court erred in denying his motion for new trial under OCGA § 5-5-23.

Initially we must address the issue of jurisdiction. The verdict and sentence against Betha were filed on June 4, 1992. The notice of appeal was filed on June 24, 1992. The motion for new trial was filed on July 2, 1992. The trial court denied the motion in an order dated November 4, 1992.

Although the notice of appeal was filed prior to a ruling on the motion for new trial,…