Peters v. State

McMurray, Presiding Judge.

On July 1,1998, defendant Carlos Peters was convicted of violating the Georgia Controlled Substances Act. Defendant Peters filed a motion for new trial 34 days later on August 4, 1998, which was beyond the 30-day requirement set by OCGA § 5-5-40. On October 23, 1998, defendant filed an amended motion for new trial. The trial court denied defendant’s new trial motion on November 25,1998, and defendant Peters filed a notice of appeal on December 22,1998. Held:

Since no election to first file a timely direct appeal was employed, the 30-day time requirement set by OCGA §…